C. (K.) v. F. (C.) [2003] IEHC 109 (16 December 2003)

C. (K.) v. F. (C.) [2003] IEHC 109 (16 December 2003)

No secret trust was established; the testatrix made no provision for the plaintiffs by will or otherwise; both plaintiffs are in want and without means; the testatrix failed in her moral duty to make proper provision for them; proper provision in all the circumstances is €200,000 for K. C. and €100,000 for B. C. F.

Citation
[2003] IEHC 109
Parties
Plaintiff: K. C.; Plaintiff: B. C. F.; Defendant: C. F.; Notice Party: M. C.
Jurisdiction
Ireland
Judgment Date
16 December 2003
Procedural Posture
Section 117 Application Under Succession Act 1965 / High Court Judgment
Outcome
Application under section 117 granted in part.
Legal Topics
Moral Duty of Testator, Proper Provision for Children, Secret Trust, Distribution of Estate
Succession Law Family Law Moral Duty of Testator Proper Provision for Children Secret Trust Distribution of Estate

Case Brief

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Parties

K. C.

Plaintiff

B. C. F.

Plaintiff

C. F.

Defendant

M. C.

Notice Party

Procedural Posture

Section 117 Application Under Succession Act 1965 / High Court Judgment

Legal Issues

  1. 1 Whether the testatrix failed in her moral duty to make proper provision for the plaintiffs under section 117 of the Succession Act, 1965
  2. 2 Whether a secret trust was created in relation to the estate

Ratio Decidendi

No secret trust was established; the testatrix made no provision for the plaintiffs by will or otherwise; both plaintiffs are in want and without means; the testatrix failed in her moral duty to make proper provision for them; proper provision in all the circumstances is €200,000 for K. C. and €100,000 for B. C. F.

Court Disposition

Application under section 117 granted in part.

Orders

  • K. C. is to receive €200,000 out of the estate.
  • B. C. F. is to receive €100,000 out of the estate.