Probate Law – Latest developments – An update December 2019

A number of cases have been handed down by the superior courts, in recent years, dealing with Will challenges, duress, undue influence, Section 117 and issues relating to the capacity of the Testator, inter alia. This one hour lecture analyses some of the latest cases which have come before the Courts and the principles of law which have been set out in these cases.

Module content:

  • In re Estate of Hannon [2018] IEHC 482 - where an order was made pursuant to s. 27(4) of the Succession Act, 1965 limited for the purposes of implementing the terms of a compromise concerning an estate.
  • Darragh v Darragh [2018] IEHC 427 - where a claim was dismissed in its entirety.
  • Naylor v Maher [2018] IECA 32 - an unsuccessful challenge to the validity of a father’s will on the grounds of duress and undue influence.
  • B and anor V J. B and anor [2019] IECA 58a decision of the court of Appeal where an appeal was brought against the decision of the High Court to make provision for an adult child of a deceased under s.117 of the Succession Act, 1965.
  • MW v DC [2017] IECA 255 a claim relating to the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010. 6. XY v ZW [2019] IEHC 257 - the relationship must be a continuous one for the duration of the cohabitation period.
  •  Shannon v Shannon [2018 No. 12 SP] where the Court had no difficulty in concluding that the will was clear and unambiguous.
  • Smith v Smith (2018) IEHC 525 a recent case dealing with the removal of an executor.
  • Buckley and Ors V Cooper [2019] IEHC 424 the High Court overturns a decision of the circuit court that the deceased was of unsound mind at the time the will was made.

Teaching methods:

e-Lecture, e-Paper;

Net-Duration: 1 hour

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