In the Matter of the Succession Act 195 & In the Matter of the Estate of Thomas J McLaughlin & Anor [2013] IEHC 156 (15 April 2013)

In the Matter of the Succession Act 195 & In the Matter of the Estate of Thomas J McLaughlin & Anor [2013] IEHC 156 (15 April 2013)

The plaintiff failed to establish by clear and convincing evidence that the will was made in contemplation of marriage, as required to rebut the statutory presumption of revocation under both Irish and Rhode Island law. There was insufficient evidence of the testator's domicile at the relevant times, and the...

Source-derived case information.

Citation
[2013] IEHC 156
Parties
Plaintiff: Kathleen Grady McLaughlin; Deceased: Thomas J. McLaughlin (Deceased)
Jurisdiction
Ireland
Judgment Date
15 April 2013
Procedural Posture
Special Summons (succession) / Judgment on Preliminary Legal Issue
Outcome
Plaintiff failed to establish that the will was not revoked by the subsequent marriage; no definitive determination made on revocation; application for probate not granted.
Legal Topics
Revocation of Wills by Marriage, Admissibility of Copy Will to Probate, Domicile and Lex Situs in Succession, Testator's Intention and Extrinsic Evidence
Succession Law Conflict of Laws Probate Revocation of Wills by Marriage Admissibility of Copy Will to Probate Domicile and Lex Situs in Succession Testator's Intention and Extrinsic Evidence

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Parties

Kathleen Grady McLaughlin

Plaintiff

Thomas J. McLaughlin (Deceased)

Deceased

Procedural Posture

Special Summons (succession) / Judgment on Preliminary Legal Issue

Legal Issues

  1. 1 Whether the deceased's will was revoked by his subsequent marriage to the plaintiff under Irish or Rhode Island law
  2. 2 Whether a certified copy of the will may be admitted to probate in Ireland

Ratio Decidendi

The plaintiff failed to establish by clear and convincing evidence that the will was made in contemplation of marriage, as required to rebut the statutory presumption of revocation under both Irish and Rhode Island law. There was insufficient evidence of the testator's domicile at the relevant times, and the language of the will and surrounding documents did not support the contention that the will was made in contemplation of marriage. Accordingly, the court could not find that the will was not revoked by the subsequent marriage.

Court Disposition

Plaintiff failed to establish that the will was not revoked by the subsequent marriage; no definitive determination made on revocation; application for probate not granted.