The Estate Of The Late Bernard Casey, Deceased, Late Of Threadneedle Road, Salthill, Galway, Re (Approved) [2023] IEHC 643 (10 November 2023)

The Estate Of The Late Bernard Casey, Deceased, Late Of Threadneedle Road, Salthill, Galway, Re (Approved) [2023] IEHC 643 (10 November 2023)

Applicant failed to substantiate allegations of dishonesty or misappropriation; delay was not undue and largely caused by applicant's own caveat; actions of executrices regarding estate assets were prudent and justified; no special circumstances or serious misconduct warranting removal of executors under s.27(4) Succession Act 1965.

Citation
[2023] IEHC 643
Parties
Applicant: John Casey; Respondent: Yvonne Casey; Respondent: Michelle Casey
Jurisdiction
Ireland
Judgment Date
10 November 2023
Procedural Posture
Probate Application / Judgment on Motion to Pass Over Executors
Outcome
application refused
Legal Topics
Removal of Executor, Fitness to Act as Executor, Delay in Extracting Grant, Misappropriation Allegations, Protection of Estate Assets
Probate Succession Removal of Executor Fitness to Act as Executor Delay in Extracting Grant Misappropriation Allegations Protection of Estate Assets

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Parties

John Casey

Applicant

Yvonne Casey

Respondent

Michelle Casey

Respondent

Procedural Posture

Probate Application / Judgment on Motion to Pass Over Executors

Legal Issues

  1. 1 Whether special circumstances exist to justify passing over executors named in will under s.27(4) Succession Act 1965
  2. 2 Whether delay, failure to protect assets, or alleged misappropriation constitute grounds for removal

Ratio Decidendi

Applicant failed to substantiate allegations of dishonesty or misappropriation; delay was not undue and largely caused by applicant's own caveat; actions of executrices regarding estate assets were prudent and justified; no special circumstances or serious misconduct warranting removal of executors under s.27(4) Succession Act 1965.

Court Disposition

application refused

Orders

  • Yvonne Casey and Michelle Casey remain as executrices of the estate
  • No independent administrator appointed