H. (E.) v. O'C (P. E.) & Ors [2007] IEHC 68 (21 December 2006)

H. (E.) v. O'C (P. E.) & Ors [2007] IEHC 68 (21 December 2006)

The testatrix failed in her moral duty to make proper provision for the plaintiff, who was left in a financially insecure position with dependent children and no significant means or earning capacity. The will must be altered to provide the plaintiff with a substantial share of the estate, taking into account the interests and advancements of the other children, the value of the estate, and the costs of administration.

Citation
[2007] IEHC 68
Parties
Plaintiff: E. H.; Defendant: E. P. O'C.; Defendant: O. H.; Defendant: D. H.; Defendant: S. H.
Jurisdiction
Ireland
Judgment Date
21 December 2006
Procedural Posture
Section 117 Succession Act Application / High Court Judgment
Outcome
Will altered to make proper provision for plaintiff under Section 117 Succession Act 1965.
Legal Topics
Moral Duty of Testator, Provision for Children, Advancements, Distribution of Estate, Section 117 Succession Act 1965
Succession Law Family Law Moral Duty of Testator Provision for Children Advancements Distribution of Estate Section 117 Succession Act 1965

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 14
Sign in to unlock

Parties

E. H.

Plaintiff

E. P. O'C.

Defendant

O. H.

Defendant

D. H.

Defendant

S. H.

Defendant

Procedural Posture

Section 117 Succession Act Application / High Court Judgment

Legal Issues

  1. 1 Whether the testatrix failed in her moral duty to make proper provision for the plaintiff under Section 117 of the Succession Act 1965
  2. 2 Whether advancements were made to children during the testatrix's lifetime and their effect on the distribution of the estate
  3. 3 What alteration to the will is appropriate to make proper provision for the plaintiff

Ratio Decidendi

The testatrix failed in her moral duty to make proper provision for the plaintiff, who was left in a financially insecure position with dependent children and no significant means or earning capacity. The will must be altered to provide the plaintiff with a substantial share of the estate, taking into account the interests and advancements of the other children, the value of the estate, and the costs of administration.

Court Disposition

Will altered to make proper provision for plaintiff under Section 117 Succession Act 1965.

Orders

  • Plaintiff to receive all lands in K Upper and K Lower except for 6.28 acres (house site) and 1.67 acres (shed site) retained by S. H.; these lands to be charged with payment of €100,000 to D. H. and €50,000 to S. H. within 5 years.
  • All lands in MK (including meadow) and MN (except 2.4 acres house site for D. H.) to be appropriated for payment of debts, funeral, testamentary and administration expenses, including litigation costs; shortfall to be made good from property given to O. H. and the plaintiff ratably.