D.C. -v- D.R. [2015] IEHC 309 (05 June 2015)

D.C. -v- D.R. [2015] IEHC 309 (05 June 2015)

The applicant was found to have been in an intimate and committed cohabiting relationship with the deceased for over five years, satisfying the statutory definition of qualified cohabitant. The court held that proper provision had not been made for the applicant during the deceased's lifetime and that he was entitled to provision from the estate under s.194 of the 2010 Act.

Citation
[2015] IEHC 309
Parties
Plaintiff (2014 No. 10022 P.), Defendant (2015 No.2 S. P.): D. C.; Defendant (2014 No. 10022 P.), Plaintiff (2015 No.2 S. P.): D. R.
Jurisdiction
Ireland
Judgment Date
05 June 2015
Procedural Posture
Civil Succession / Cohabitant Provision / High Court Judgment After Consolidated Hearing
Outcome
Application granted. Applicant found to be a qualified cohabitant entitled to provision from the estate.
Legal Topics
Provision for Cohabitants, Intestate Succession, Definition of Cohabitant, Financial Provision From Estate
Succession Law Family Law Provision for Cohabitants Intestate Succession Definition of Cohabitant Financial Provision From Estate

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Parties

D. C.

Plaintiff (2014 No. 10022 P.), Defendant (2015 No.2 S. P.)

D. R.

Defendant (2014 No. 10022 P.), Plaintiff (2015 No.2 S. P.)

Procedural Posture

Civil Succession / Cohabitant Provision / High Court Judgment After Consolidated Hearing

Legal Issues

  1. 1 Whether the applicant was a qualified cohabitant under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
  2. 2 Whether the applicant is entitled to provision from the deceased's estate under s.194 of the Act

Ratio Decidendi

The applicant was found to have been in an intimate and committed cohabiting relationship with the deceased for over five years, satisfying the statutory definition of qualified cohabitant. The court held that proper provision had not been made for the applicant during the deceased's lifetime and that he was entitled to provision from the estate under s.194 of the 2010 Act.

Court Disposition

Application granted. Applicant found to be a qualified cohabitant entitled to provision from the estate.

Orders

  • Provision to be made for the applicant from the deceased's estate under s.194 of the 2010 Act.