Gilvarry v Maher (Approved) [2026] IEHC 157 (11 March 2026)

Gilvarry v Maher (Approved) [2026] IEHC 157 (11 March 2026)

The right of action to recover the property accrued only upon the Respondent/Plaintiff's appointment as Administrator on 5 March 2019. The proceedings were issued within a month, so they are not statute barred. The Appellant/Defendant did not acquire a lawful interest in the property while acting as executrix, and Section 10 of the Civil Liability Act 1961 does not bar the claim. The order for possession is affirmed.

Citation
[2026] IEHC 157
Parties
Respondent/plaintiff: Myles Gilvarry; Appellant/defendant: Jean Maher
Jurisdiction
Ireland
Judgment Date
11 March 2026
Procedural Posture
Circuit Appeal / Judgment on Appeal From Circuit Court
Outcome
Appeal dismissed; Circuit Court order affirmed.
Legal Topics
Statute of Limitations, Adverse Possession, Insolvency of Estate, Costs in Probate Litigation
Probate Property Law Civil Procedure Statute of Limitations Adverse Possession Insolvency of Estate Costs in Probate Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Myles Gilvarry

Respondent/plaintiff

Jean Maher

Appellant/defendant

Procedural Posture

Circuit Appeal / Judgment on Appeal From Circuit Court

Legal Issues

  1. 1 Whether the proceedings for possession are statute barred under Section 13 of the Statute of Limitations 1957
  2. 2 Whether Section 10 of the Civil Liability Act 1961 bars the claim due to estate insolvency
  3. 3 Whether the Appellant/Defendant acquired a lawful interest in the property

Ratio Decidendi

The right of action to recover the property accrued only upon the Respondent/Plaintiff's appointment as Administrator on 5 March 2019. The proceedings were issued within a month, so they are not statute barred. The Appellant/Defendant did not acquire a lawful interest in the property while acting as executrix, and Section 10 of the Civil Liability Act 1961 does not bar the claim. The order for possession is affirmed.

Court Disposition

Appeal dismissed; Circuit Court order affirmed.

Orders

  • Order for possession in favour of Respondent/Plaintiff affirmed
  • Stay of nine months on possession order