GB & anor -v- HB [2016] IEHC 615 (08 November 2016)

GB & anor -v- HB [2016] IEHC 615 (08 November 2016)

Hostility between the donor’s children, while serious, was not of such gravity as to adversely affect the administration of the donor’s estate. The donor acted with full mental capacity and understanding, and there was no evidence of undue pressure or influence by H. B. The applicants failed to discharge the burden of proof required to refuse registration of the EPA.

Citation
[2016] IEHC 615
Parties
Applicant: G. B.; Applicant: M. B.; Respondent: H. B.
Jurisdiction
Ireland
Judgment Date
08 November 2016
Procedural Posture
Objection to Registration of Enduring Power of Attorney / High Court Judgment on Application Under S.10 Powers of Attorney Act 1996
Outcome
Objection dismissed; registration of EPA permitted.
Legal Topics
Enduring Power of Attorney, Undue Influence, Suitability of Attorney, Objection to Registration, Family Dispute
Elder Law Equity and Trusts Family Law Enduring Power of Attorney Undue Influence Suitability of Attorney Objection to Registration Family Dispute

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 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

G. B.

Applicant

M. B.

Applicant

H. B.

Respondent

Procedural Posture

Objection to Registration of Enduring Power of Attorney / High Court Judgment on Application Under S.10 Powers of Attorney Act 1996

Legal Issues

  1. 1 Whether the attorney (H. B.) is unsuitable to act as attorney under the EPA due to family hostility and breakdown in relations
  2. 2 Whether undue pressure was exerted on the donor to execute the EPA

Ratio Decidendi

Hostility between the donor’s children, while serious, was not of such gravity as to adversely affect the administration of the donor’s estate. The donor acted with full mental capacity and understanding, and there was no evidence of undue pressure or influence by H. B. The applicants failed to discharge the burden of proof required to refuse registration of the EPA.

Court Disposition

Objection dismissed; registration of EPA permitted.

Orders

  • The application to refuse registration of the Enduring Power of Attorney is dismissed.
  • The EPA executed by the donor on 7th February 2014 may be registered.