Egan & Anor v Egan & Anor (Approved) [2023] IEHC 259 (16 May 2023)

Egan & Anor v Egan & Anor (Approved) [2023] IEHC 259 (16 May 2023)

The Release document is void ab initio as a matter of law because a beneficiary cannot disclaim an inheritance in favour of another party; the purported disclaimer is legally impermissible and does not affect the entitlement under the will.

Citation
[2023] IEHC 259
Parties
Plaintiff: Kieran Egan; Plaintiff: Michael Egan Junior; Defendant: Helen Egan; Defendant: Alan Egan
Jurisdiction
Ireland
Judgment Date
16 May 2023
Procedural Posture
Circuit Court Appeal / Judgment
Outcome
Appeal dismissed; Circuit Court order affirmed.
Legal Topics
Disclaimer of Inheritance, Validity of Release, Bequest Under Will, Registration of Land Ownership
Succession Law Property Law Disclaimer of Inheritance Validity of Release Bequest Under Will Registration of Land Ownership

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kieran Egan

Plaintiff

Michael Egan Junior

Plaintiff

Helen Egan

Defendant

Alan Egan

Defendant

Procedural Posture

Circuit Court Appeal / Judgment

Legal Issues

  1. 1 Whether a beneficiary can disclaim an inheritance in favour of another party
  2. 2 Validity of the Release document purporting to transfer a share in the estate
  3. 3 Entitlement to registration as owner of the farm

Ratio Decidendi

The Release document is void ab initio as a matter of law because a beneficiary cannot disclaim an inheritance in favour of another party; the purported disclaimer is legally impermissible and does not affect the entitlement under the will.

Court Disposition

Appeal dismissed; Circuit Court order affirmed.

Orders

  • Michael Egan Jnr is entitled to an undivided moiety in the property.
  • Order directing Property Registration Authority to register Michael Egan Jnr as full owner as tenant in common of a moiety.