A -v- C & Anor [2007] IEHC 120 (28 March 2007)

A -v- C & Anor [2007] IEHC 120 (28 March 2007)

The testator failed in his moral duty to make proper provision for A, given A's reliance on the testator's assets and representations. Just provision is achieved by substituting €750,000 for the IR£40,000 bequest in the will. The defendants are liable in negligence for psychiatric injury to W caused by the demolition of the wall, with damages assessed at €50,000. A and W did not acquire title to Blackacre House or lands by adverse possession, as their occupation was with the testator's permission.

Citation
[2007] IEHC 120
Parties
Plaintiff: A; Defendant: C; Defendant: D
Jurisdiction
Ireland
Judgment Date
28 March 2007
Procedural Posture
High Court Civil Proceedings (special Summons and Plenary Actions) / Judgment After Trial of Three Consolidated Actions
Outcome
Partially in favour of plaintiff (A): s.117 relief granted; damages for psychiatric injury awarded to W; adverse possession claim dismissed.
Legal Topics
Section 117 Application (proper Provision for Child), Negligence and Psychiatric Injury, Adverse Possession, Testator's Moral Duty, Damages for Nervous Shock, Unjust Enrichment, Estoppel
Succession Law Tort Law Property Law Section 117 Application (proper Provision for Child) Negligence and Psychiatric Injury Adverse Possession Testator's Moral Duty Damages for Nervous Shock +2 more

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Parties

A

Plaintiff

C

Defendant

D

Defendant

Procedural Posture

High Court Civil Proceedings (special Summons and Plenary Actions) / Judgment After Trial of Three Consolidated Actions

Legal Issues

  1. 1 Whether the testator failed in his moral duty to make proper provision for A under s.117 of the Succession Act 1965
  2. 2 Whether the demolition of a wall constituted negligence causing psychiatric injury to W
  3. 3 Whether A and W acquired title to Blackacre House and lands by adverse possession

Ratio Decidendi

The testator failed in his moral duty to make proper provision for A, given A's reliance on the testator's assets and representations. Just provision is achieved by substituting €750,000 for the IR£40,000 bequest in the will. The defendants are liable in negligence for psychiatric injury to W caused by the demolition of the wall, with damages assessed at €50,000. A and W did not acquire title to Blackacre House or lands by adverse possession, as their occupation was with the testator's permission.

Court Disposition

Partially in favour of plaintiff (A): s.117 relief granted; damages for psychiatric injury awarded to W; adverse possession claim dismissed.

Orders

  • Substitute €750,000 for IR£40,000 in the will of the testator as provision for A, charged on Blackacre.
  • Award W general damages of €50,000 for psychiatric injury.