AB v CD & Anor (Approved) [2023] IEHC 211 (27 April 2023)

AB v CD & Anor (Approved) [2023] IEHC 211 (27 April 2023)

Special circumstances existed due to the deceased’s long-term care arrangement and lack of parental custody, making it expedient for the applicant, a half-sibling, to extract a grant of administration for funeral and burial purposes in preference to the parents.

Citation
[2023] IEHC 211
Parties
Applicant: A. B.; Respondent: C. D.; Respondent: E. F.
Jurisdiction
Ireland
Judgment Date
27 April 2023
Procedural Posture
Probate Application Under Succession Act, 1965 / Final Judgment
Outcome
Application granted
Legal Topics
Letters of Administration, Burial Rights, Succession, Special Circumstances Under S. 27(4)
Probate Family Law Letters of Administration Burial Rights Succession Special Circumstances Under S. 27(4)

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Parties

A. B.

Applicant

C. D.

Respondent

E. F.

Respondent

Procedural Posture

Probate Application Under Succession Act, 1965 / Final Judgment

Legal Issues

  1. 1 Who is entitled to extract a grant of letters of administration for the purposes of arranging the funeral and burial of a minor deceased where there is a family dispute?
  2. 2 Whether special circumstances exist to justify granting administration to a person other than the parents under s. 27(4) of the Succession Act, 1965

Ratio Decidendi

Special circumstances existed due to the deceased’s long-term care arrangement and lack of parental custody, making it expedient for the applicant, a half-sibling, to extract a grant of administration for funeral and burial purposes in preference to the parents.

Court Disposition

Application granted

Orders

  • Order pursuant to s. 27(4) of the Succession Act, 1965, limited to taking custody of the body and arranging the wake, funeral, burial, and erection of a headstone.
  • Discharge of interim injunction restraining hospital from releasing the body.