In the matter of the estate of Patrick (Otherwise Paddy) Quinn v Succession Act 1965 (Approved) (Rev1) [2024] IEHC 670 (21 November 2024)

In the matter of the estate of Patrick (Otherwise Paddy) Quinn v Succession Act 1965 (Approved) (Rev1) [2024] IEHC 670 (21 November 2024)

On the balance of probabilities, the will was lost in the offices of Messrs. P. McRory & Co. and never taken up by the deceased; therefore, the presumption of revocation does not apply and the reconstructed copy of the will is admitted to probate.

Citation
[2024] IEHC 670
Parties
Applicant/executrix/sister: Elizabeth (Otherwise Lila) Quinn; Notice Party/administrator/sibling: Anthony Quinn; Notice Party/administrator/niece: Colette Quinn
Jurisdiction
Ireland
Judgment Date
21 November 2024
Procedural Posture
Probate Application / Judgment on Application to Admit Reconstructed Will to Probate
Outcome
Application granted; reconstructed copy of will admitted to probate.
Legal Topics
Admission of Reconstructed Will, Presumption of Revocation, Intestacy, Grant of Administration, Lost Wills
Probate Succession Admission of Reconstructed Will Presumption of Revocation Intestacy Grant of Administration Lost Wills

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Parties

Elizabeth (Otherwise Lila) Quinn

Applicant/executrix/sister

Anthony Quinn

Notice Party/administrator/sibling

Colette Quinn

Notice Party/administrator/niece

Procedural Posture

Probate Application / Judgment on Application to Admit Reconstructed Will to Probate

Legal Issues

  1. 1 Whether the will of Patrick Quinn can be admitted to probate in terms of a reconstructed copy
  2. 2 Whether the presumption of revocation applies when the original will cannot be found
  3. 3 Whether the will was lost in the solicitor's office or taken up and destroyed by the deceased

Ratio Decidendi

On the balance of probabilities, the will was lost in the offices of Messrs. P. McRory & Co. and never taken up by the deceased; therefore, the presumption of revocation does not apply and the reconstructed copy of the will is admitted to probate.

Court Disposition

Application granted; reconstructed copy of will admitted to probate.

Orders

  • Grant of Administration to Notice Parties revoked.
  • Will admitted to probate in terms of reconstructed copy exhibited at 'DOM11' to affidavit of Denis O'Mahony, Solicitor, sworn on 30 January, 2023.