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 appointment of executor by reference to office (Provincial Superior or Provincial Bursar of the Irish-English Province at the date of death) is sufficiently certain and valid. However, probate cannot be granted to the substituted executor unless the instituted executor formally renounces or is cited and refuses, in accordance with established practice and statutory requirements.

Citation
[2000] 4 IR 551
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
Appointment of executor clause upheld as valid; grant of probate to applicant (substituted executor) subject to compliance with statutory renunciation requirements.
Legal Topics
Executor Appointment, Substituted Executors, Will Interpretation, Renunciation Requirements
Probate Succession Law Executor Appointment Substituted Executors Will Interpretation Renunciation Requirements

Case Brief

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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 Is the appointment of executor in the will void for uncertainty?
  2. 2 Does the substituted executor require renunciation by the instituted executor before probate can be granted?

Ratio Decidendi

The appointment of executor by reference to office (Provincial Superior or Provincial Bursar of the Irish-English Province at the date of death) is sufficiently certain and valid. However, probate cannot be granted to the substituted executor unless the instituted executor formally renounces or is cited and refuses, in accordance with established practice and statutory requirements.

Court Disposition

Appointment of executor clause upheld as valid; grant of probate to applicant (substituted executor) subject to compliance with statutory renunciation requirements.

Orders

  • Grant of probate to Pauline O'Dwyer not to issue unless conditions of Section 17 of Succession Act, 1965 are satisfied.