G.P -v- G.R & anor [2013] IEHC 333 (15 July 2013)

Discovery of documents relating to the means and assets of the step-siblings is neither relevant nor necessary to the Section 117 application as they are not applicants or beneficiaries under the will. An affidavit of means from the widow is sufficient at this stage, and the plaintiff may seek further discovery regarding the widow if justified after reviewing the affidavit.

Citation: [2013] IEHC 333
Parties: Plaintiff: G. P.; Defendant: G. R.; Defendant: P. M.
Jurisdiction: Ireland
Judgment Date: 15 July 2013
Procedural Posture: Succession Act Application (section 117) / Interlocutory Application for Discovery
Outcome: Application for discovery in relation to step-siblings dismissed; application regarding the widow adjourned.
Legal Topics: Discovery of Documents, Moral Duty of Testator, Proper Provision for Children, Relevance and Necessity in Discovery

Succession Law Civil Procedure Discovery of Documents Moral Duty of Testator Proper Provision for Children Relevance and Necessity in Discovery

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Parties

G. P.

Plaintiff

G. R.

Defendant

P. M.

Defendant

Procedural Posture

Succession Act Application (section 117) / Interlocutory Application for Discovery

Legal Issues

1 Whether discovery of documents relating to the means and assets of the widow and step-siblings is relevant and necessary for a Section 117 Succession Act application.

Ratio Decidendi

Court Disposition

Application for discovery in relation to step-siblings dismissed; application regarding the widow adjourned.

Orders

Order dismissing application for discovery of documents in relation to A. P. and B. P.
Balance of the application (regarding the widow) adjourned to allow affidavit of means to be furnished and considered.