O'Connor v Markey & ors [2018] IEHC 644 (20 November 2018)

James Kelly is not the personal representative of the late Mary Markey and is not entitled to reliefs sought in that capacity; the amendment of proceedings title was improper.

Citation: [2018] IEHC 644
Parties: Applicant: John O'Connor; Respondent: Gerard Markey; Respondent: James Kelly, as the personal representative of the late Mary Markey
Jurisdiction: Ireland
Judgment Date: 20 November 2018
Procedural Posture: Succession Proceedings / High Court Judgment on Procedural Application
Outcome: Application refused
Legal Topics: Grant of Letters of Administration Ad Litem, Personal Representative Status, Amendment of Proceedings Title

Succession Law Civil Procedure Grant of Letters of Administration Ad Litem Personal Representative Status Amendment of Proceedings Title

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Parties

John O'Connor

Applicant

Gerard Markey

Respondent

James Kelly, as the personal representative of the late Mary Markey

Respondent

Procedural Posture

Succession Proceedings / High Court Judgment on Procedural Application

Legal Issues

1 Whether James Kelly is entitled to act as personal representative of the late Mary Markey in these proceedings
2 Whether the amendment of proceedings title to name James Kelly as personal representative was valid

Ratio Decidendi

James Kelly is not the personal representative of the late Mary Markey and is not entitled to reliefs sought in that capacity; the amendment of proceedings title was improper.

Court Disposition

Application refused

Orders

James Kelly is not entitled to reliefs sought as personal representative of the late Mary Markey
Amendment of proceedings title to name James Kelly as personal representative was improper