Re: O'Callaghan deceased: Byrne applicant [2016] IEHC 668 (21 November 2016)

Re: O'Callaghan deceased: Byrne applicant [2016] IEHC 668 (21 November 2016)

Executor is unable to administer estate due to health and lack of instructions; solicitor's unresolved lien claim creates uncertainty; special circumstances justify appointment of independent administrator ad colligenda bona and ad litem; no permanent passing over of executor.

Citation
[2016] IEHC 668
Parties
Applicant: James Byrne; Executor/respondent: Kevin McKeever; Proposed Administrator: Jim Trueick; Solicitor for Executor: Tom Brabazon
Jurisdiction
Ireland
Judgment Date
21 November 2016
Procedural Posture
Probate Application Under Succession Act 1965 S.27(4) / Judgment on Application to Pass Over Executor and Appoint Administrator Ad Colligenda Bona
Outcome
Application granted in part; independent administrator appointed with limited powers.
Legal Topics
Removal or Passing Over Executor, Grant of Administration Ad Colligenda Bona, Lien Claims by Solicitors, Conflict of Interest in Estate Administration
Probate Succession Law Removal or Passing Over Executor Grant of Administration Ad Colligenda Bona Lien Claims by Solicitors Conflict of Interest in Estate Administration

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Parties

James Byrne

Applicant

Kevin McKeever

Executor/respondent

Jim Trueick

Proposed Administrator

Tom Brabazon

Solicitor for Executor

Procedural Posture

Probate Application Under Succession Act 1965 S.27(4) / Judgment on Application to Pass Over Executor and Appoint Administrator Ad Colligenda Bona

Legal Issues

  1. 1 Whether executor should be passed over for grant of probate
  2. 2 Whether special circumstances justify appointment of independent administrator
  3. 3 Whether solicitor's lien or debt claim affects estate administration

Ratio Decidendi

Executor is unable to administer estate due to health and lack of instructions; solicitor's unresolved lien claim creates uncertainty; special circumstances justify appointment of independent administrator ad colligenda bona and ad litem; no permanent passing over of executor.

Court Disposition

Application granted in part; independent administrator appointed with limited powers.

Orders

  • Jim Trueick appointed administrator ad colligenda bona with will annexed under s.27(4) Succession Act 1965.
  • Jim Trueick granted liberty to apply for and extract letters of administration ad litem for proceedings regarding solicitor's lien or debt claim.