Doran, Deceased, Re [2000] IEHC 137; [2000] 4 IR 551 (24th July, 2000)

Doran, Deceased, Re [2000] IEHC 137; [2000] 4 IR 551 (24th July, 2000)

The clause appointing the Provincial Superior or Provincial Bursar as executor is sufficiently certain; the substituted executor (Provincial Bursar) may obtain probate only if the first entitled executor (Provincial Superior) renounces or is cited and refuses to accept, in accordance with established practice and statutory requirements.

Citation
[2000] IEHC 137
Parties
Testatrix: Clare Bernadette Doran; Applicant/substituted Executor: Pauline O'Dwyer; Instituted Executor/provincial Superior: Mairead O'Sullivan
Jurisdiction
Ireland
Procedural Posture
Probate Application / Judgment on Validity of Executor Appointment and Grant of Probate
Outcome
Grant of probate to applicant (Provincial Bursar) not to issue unless conditions of Section 17 of Succession Act, 1965 are satisfied, including renunciation or citation of Provincial Superior.
Legal Topics
Executor Appointment, Substituted Executors, Will Construction, Renunciation Requirements
Probate Succession Law Executor Appointment Substituted Executors Will Construction Renunciation Requirements

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Parties

Clare Bernadette Doran

Testatrix

Pauline O'Dwyer

Applicant/substituted Executor

Mairead O'Sullivan

Instituted Executor/provincial Superior

Procedural Posture

Probate Application / Judgment on Validity of Executor Appointment and Grant of Probate

Legal Issues

  1. 1 Whether the appointment of executor in the will is void for uncertainty
  2. 2 Whether substituted executor can obtain probate without renunciation by first entitled executor

Ratio Decidendi

The clause appointing the Provincial Superior or Provincial Bursar as executor is sufficiently certain; the substituted executor (Provincial Bursar) may obtain probate only if the first entitled executor (Provincial Superior) renounces or is cited and refuses to accept, in accordance with established practice and statutory requirements.

Court Disposition

Grant of probate to applicant (Provincial Bursar) not to issue unless conditions of Section 17 of Succession Act, 1965 are satisfied, including renunciation or citation of Provincial Superior.

Orders

  • Grant of probate withheld pending compliance with statutory renunciation or citation requirements.