S. (D.) v. M. (K.) & Anor [2003] IEHC 120 (19 December 2003)

The testator failed in his moral duty by not leaving a viable bequest of a site to his daughter; the court remedies this by awarding her the entire building site of approximately one acre at M, making it an asset she can sell if she wishes.

Citation: [2003] IEHC 120
Parties: Plaintiff: DS; First Defendant: KM; Second Defendant: D
Jurisdiction: Ireland
Judgment Date: 19 December 2003
Procedural Posture: Application Under Section 117 of the Succession Act 1965 / High Court Judgment
Outcome: Application allowed in part
Legal Topics: Adequate Provision for Children, Moral Duty of Testator, Interpretation of Wills, Section 117 Application

Succession Law Family Law Adequate Provision for Children Moral Duty of Testator Interpretation of Wills Section 117 Application

Case Brief

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Parties

Plaintiff

First Defendant

Second Defendant

Procedural Posture

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

Legal Issues

1 Whether the testator failed in his moral duty to make proper provision for his daughter under section 117 of the Succession Act 1965
2 Whether the bequest of a site to the daughter was viable and meaningful

Ratio Decidendi

Court Disposition

Application allowed in part

Orders

The entire building site comprising approximately one acre of the lands at M is to be given to DS absolutely.
No alteration to the division of the testator's money between DS and D.