C.D. v E.F. (cohabitation; section 194; proper provision) (Approved) [2025] IEHC 737 (11 December 2025)

C.D. v E.F. (cohabitation; section 194; proper provision) (Approved) [2025] IEHC 737 (11 December 2025)

The applicant, CD, was not provided proper provision during the lifetime of the deceased cohabitant, AB, and is entitled to relief under section 194 of the 2010 Act. The court must consider all relevant circumstances, including financial needs, contributions, and disability, and weigh these against the interests of the beneficiaries. The appeal is dismissed and the Circuit Family Court orders affirmed.

Citation
[2025] IEHC 737
Parties
Applicant: C. D.; Respondent: E. F.
Jurisdiction
Ireland
Judgment Date
11 December 2025
Procedural Posture
Circuit Appeal Family Law / Judgment on Appeal
Outcome
Appeal dismissed; Circuit Family Court orders affirmed.
Legal Topics
Cohabitation, Section 194 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Proper Provision From Estate, Intestate Succession, Financial Dependency
Family Law Succession Law Cohabitation Section 194 Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 Proper Provision From Estate Intestate Succession Financial Dependency

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Parties

C. D.

Applicant

E. F.

Respondent

Procedural Posture

Circuit Appeal Family Law / Judgment on Appeal

Legal Issues

  1. 1 Whether proper provision was made for the applicant during the lifetime of the deceased under section 194 of the 2010 Act
  2. 2 Whether the applicant is entitled to provision from the estate of the deceased cohabitant
  3. 3 Application of section 173(3) factors to section 194 claims

Ratio Decidendi

The applicant, CD, was not provided proper provision during the lifetime of the deceased cohabitant, AB, and is entitled to relief under section 194 of the 2010 Act. The court must consider all relevant circumstances, including financial needs, contributions, and disability, and weigh these against the interests of the beneficiaries. The appeal is dismissed and the Circuit Family Court orders affirmed.

Court Disposition

Appeal dismissed; Circuit Family Court orders affirmed.

Orders

  • Affirmation of Circuit Family Court orders granting provision to CD from AB's estate