Dunne & ors -v- Dunne [2015] IEHC 607 (15 July 2015)

Dunne & ors -v- Dunne [2015] IEHC 607 (15 July 2015)

William Dunne is in a serious, obvious, and indefensible conflict of interest as personal representative because he claims adverse possession of estate assets, making him unable to properly discharge his duties; this constitutes serious special circumstances justifying removal under the Succession Act 1965 s.27.

Citation
[2015] IEHC 607
Parties
Plaintiff: Arthur Dunne; Plaintiff: Dympna Dormon (nee Dunne); Plaintiff: James Dunne; Plaintiff: Gerry Dunne; Plaintiff: Cecil Dunne Junior; Plaintiff: Dominic Dunne; Plaintiff: Ann Ryan (nee Dunne); Plaintiff: Patrick Dunne; Plaintiff: Martin Dunne; Defendant: William Dunne
Jurisdiction
Ireland
Judgment Date
15 July 2015
Procedural Posture
Chancery Succession/probate / Interlocutory Application for Removal of Personal Representative
Outcome
Defendant removed as legal personal representative due to conflict of interest.
Legal Topics
Removal of Personal Representative, Conflict of Interest, Adverse Possession, Statute of Limitations, Administration of Estates
Succession Law Trusts and Estates Removal of Personal Representative Conflict of Interest Adverse Possession Statute of Limitations Administration of Estates

Case Brief

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Parties

Arthur Dunne

Plaintiff

Dympna Dormon (nee Dunne)

Plaintiff

James Dunne

Plaintiff

Gerry Dunne

Plaintiff

Cecil Dunne Junior

Plaintiff

Dominic Dunne

Plaintiff

Ann Ryan (nee Dunne)

Plaintiff

Patrick Dunne

Plaintiff

Martin Dunne

Plaintiff

William Dunne

Defendant

Procedural Posture

Chancery Succession/probate / Interlocutory Application for Removal of Personal Representative

Legal Issues

  1. 1 Whether the defendant should be removed as legal personal representative due to conflict of interest
  2. 2 Whether serious special circumstances exist justifying removal under Succession Act 1965 s.27

Ratio Decidendi

William Dunne is in a serious, obvious, and indefensible conflict of interest as personal representative because he claims adverse possession of estate assets, making him unable to properly discharge his duties; this constitutes serious special circumstances justifying removal under the Succession Act 1965 s.27.

Court Disposition

Defendant removed as legal personal representative due to conflict of interest.

Orders

  • Grant of letters of administration de bonis non revoked, cancelled, and recalled.
  • Liberty granted to suitable person(s) to apply for and extract letters of administration de bonis non.