Crowley v Murphy (Approved) [2021] IEHC 645 (12 October 2021)

Crowley v Murphy (Approved) [2021] IEHC 645 (12 October 2021)

The plaintiff failed to establish serious misconduct or special circumstances justifying removal of the defendant as executor. The proceedings were not the event which caused completion of the administration, and there was no evidence of loss or breach of trust. Costs should not be awarded against the defendant personally; he is entitled to his costs from the estate.

Citation
[2021] IEHC 645
Parties
Plaintiff: Kieran Crowley; Defendant: Daire Murphy
Jurisdiction
Ireland
Judgment Date
12 October 2021
Procedural Posture
Special Summons / Post Trial, Costs Determination
Outcome
Defendant entitled to costs; plaintiff's application for personal costs order refused.
Legal Topics
Executor Removal, Costs in Probate Litigation, Administration of Estates
Probate Succession Civil Procedure Executor Removal Costs in Probate Litigation Administration of Estates

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Kieran Crowley

Plaintiff

Daire Murphy

Defendant

Procedural Posture

Special Summons / Post Trial, Costs Determination

Legal Issues

  1. 1 Whether the defendant should be removed as executor for alleged delay and misconduct
  2. 2 Whether costs should follow the event or be paid from the estate

Ratio Decidendi

The plaintiff failed to establish serious misconduct or special circumstances justifying removal of the defendant as executor. The proceedings were not the event which caused completion of the administration, and there was no evidence of loss or breach of trust. Costs should not be awarded against the defendant personally; he is entitled to his costs from the estate.

Court Disposition

Defendant entitled to costs; plaintiff's application for personal costs order refused.

Orders

  • Parties to liaise to agree appropriate orders as to costs; if not possible, written submissions to be filed within fourteen days for court determination.