Hogan and Anor v Kierse and Anor (Approved) (Rev1) [2026] IEHC 35 (21 January 2026)

Hogan and Anor v Kierse and Anor (Approved) (Rev1) [2026] IEHC 35 (21 January 2026)

The presumption of testamentary capacity was rebutted by medical and family evidence showing the deceased was in an extended period of delirium and confusion at the time of execution of the April Will. The deceased did not have the requisite capacity to make a valid will, and the April Will must be condemned.

Citation
[2026] IEHC 35
Parties
Plaintiff/respondent: Gordon Hogan; Plaintiff/respondent: Norman Hogan; Defendant/appellant: Margaret Kierse; Defendant/appellant: Regina Nevin
Jurisdiction
Ireland
Judgment Date
21 January 2026
Procedural Posture
Appeal / Judgment
Outcome
April Will condemned; Circuit Court order affirmed as to condemnation of Will; costs to be determined after further hearing.
Legal Topics
Testamentary Capacity, Undue Influence, Will Execution, Estate Distribution
Succession Law Probate Civil Procedure Testamentary Capacity Undue Influence Will Execution Estate Distribution

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Parties

Gordon Hogan

Plaintiff/respondent

Norman Hogan

Plaintiff/respondent

Margaret Kierse

Defendant/appellant

Regina Nevin

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the deceased had testamentary capacity on 4 April 2012
  2. 2 Whether the deceased knew and approved the contents of the April Will
  3. 3 Whether the April Will was executed as a result of undue influence

Ratio Decidendi

The presumption of testamentary capacity was rebutted by medical and family evidence showing the deceased was in an extended period of delirium and confusion at the time of execution of the April Will. The deceased did not have the requisite capacity to make a valid will, and the April Will must be condemned.

Court Disposition

April Will condemned; Circuit Court order affirmed as to condemnation of Will; costs to be determined after further hearing.

Orders

  • April Will condemned as invalid.
  • Defendants made personally liable for plaintiffs' costs (subject to further hearing on costs).