W. (C.) v. W. (L.) [2005] IEHC 325 (23 February 2005)

W. (C.) v. W. (L.) [2005] IEHC 325 (23 February 2005)

The testator, credited with objective knowledge of the likely distribution of his estate and the applicant's future inheritance from her mother, did not make sufficient provision for the applicant's security of income after her mother's estate is distributed. A prudent parent would have ensured greater security for the applicant, given her circumstances.

Citation
[2005] IEHC 325
Parties
Applicant: C. W.; Respondent: L. W.
Jurisdiction
Ireland
Judgment Date
23 February 2005
Procedural Posture
Section 117 Application Under the Succession Act, 1965 / High Court Judgment
Outcome
Application granted in part
Legal Topics
Moral Duty of Testator, Provision for Children, Section 117 Succession Act 1965, Testamentary Capacity, Valuation of Estate
Succession Law Family Law Moral Duty of Testator Provision for Children Section 117 Succession Act 1965 Testamentary Capacity Valuation of Estate

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Parties

C. W.

Applicant

L. W.

Respondent

Procedural Posture

Section 117 Application Under the Succession Act, 1965 / High Court Judgment

Legal Issues

  1. 1 Whether the testator failed in his moral duty to make proper provision for the applicant under Section 117 of the Succession Act, 1965
  2. 2 Whether the applicant's likely inheritance from her mother's estate should be considered in assessing the testator's moral duty

Ratio Decidendi

The testator, credited with objective knowledge of the likely distribution of his estate and the applicant's future inheritance from her mother, did not make sufficient provision for the applicant's security of income after her mother's estate is distributed. A prudent parent would have ensured greater security for the applicant, given her circumstances.

Court Disposition

Application granted in part

Orders

  • Court to make an order providing for an additional income of €12,000 per annum for the applicant after distribution of her mother's estate, with the precise mechanism to be determined after further submissions from counsel.