Moorhead v. Tiilikainen [1999] IEHC 180; [1999] 2 ILRM 471 (17th June, 1999)

Moorhead v. Tiilikainen [1999] IEHC 180; [1999] 2 ILRM 471 (17th June, 1999)

The Court found, on the balance of evidence, that the first Defendant and the deceased recommenced co-habiting as man and wife for a continual period of twelve months, thereby triggering clause 11 of the Separation Agreement. This rendered the renunciation of inheritance rights null and void, entitling the first...

Source-derived case information.

Citation
[1999] IEHC 180
Parties
Plaintiff: John Moorhead; First Defendant: Tapio Tiilikainen; Second Defendant: Riki Tiilikainen, Kevin Tiilikainen, John (Jack) O'Donoghue (represented by Steve O'Donoghue)
Jurisdiction
Ireland
Procedural Posture
Special Summons / Judgment
Outcome
Questions in the special summons answered; first Defendant's renunciation nullified; division of estate ordered.
Legal Topics
Renunciation of Inheritance Rights, Effect of Reconciliation on Separation Agreement, Interpretation of Covenants in Separation Agreements
Family Law Succession Law Renunciation of Inheritance Rights Effect of Reconciliation on Separation Agreement Interpretation of Covenants in Separation Agreements

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Summary, issues, holding and outcome

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Parties

John Moorhead

Plaintiff

Tapio Tiilikainen

First Defendant

Riki Tiilikainen, Kevin Tiilikainen, John (Jack) O'Donoghue (represented by Steve O'Donoghue)

Second Defendant

Procedural Posture

Special Summons / Judgment

Legal Issues

  1. 1 Whether the first Defendant recommenced co-habiting as man and wife with the deceased for a continual period of twelve months within the meaning of clause 11 of the Separation Deed
  2. 2 Whether such reconciliation nullified the first Defendant's renunciation and surrender of rights under the Succession Act, 1965

Ratio Decidendi

The Court found, on the balance of evidence, that the first Defendant and the deceased recommenced co-habiting as man and wife for a continual period of twelve months, thereby triggering clause 11 of the Separation Agreement. This rendered the renunciation of inheritance rights null and void, entitling the first Defendant to a share in the deceased's inheritance from her mother.

Court Disposition

Questions in the special summons answered; first Defendant's renunciation nullified; division of estate ordered.

Orders

  • Clause 11 of the Separation Agreement became operative.
  • Renunciation contained at clause 1(c) of the Separation Agreement rendered null and void by clause 11.