Re Mary Moore deceased (Approved) [2023] IEHC 607 (01 November 2023)

Re Mary Moore deceased (Approved) [2023] IEHC 607 (01 November 2023)

The limited grant to Mr. O’Sullivan should be revoked as he was appointed solely to substantiate proceedings, not to administer the estate or actively defend litigation. The administrator ad litem is a nominal defendant, not obliged to take substantive steps or handle estate assets. The estate must be represented by a general administrator for further proceedings or execution of any judgment.

Citation
[2023] IEHC 607
Parties
Deceased: Mary Moore (deceased); Claimant: Donal Moore; Beneficiary: Seán Moore; Beneficiary: Rosaleen Moore; Beneficiary: Máire Moore; Beneficiary: Terence Moore; Beneficiary: Bernadette Moore; Administrator Ad Litem: Donal O’Sullivan
Jurisdiction
Ireland
Judgment Date
01 November 2023
Procedural Posture
Probate Application / Application to Revoke Limited Grant and for Directions
Outcome
Grant to Mr. O’Sullivan revoked; application granted.
Legal Topics
Limited Grant of Administration, Administrator Ad Litem, Authority of Administrator, Estate Litigation, Succession Act 1965 S.27(4), Civil Liability Act 1961 S.9(2)
Probate Succession Civil Procedure Limited Grant of Administration Administrator Ad Litem Authority of Administrator Estate Litigation Succession Act 1965 S.27(4) +1 more

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Parties

Mary Moore (deceased)

Deceased

Donal Moore

Claimant

Seán Moore

Beneficiary

Rosaleen Moore

Beneficiary

Máire Moore

Beneficiary

Terence Moore

Beneficiary

Bernadette Moore

Beneficiary

Donal O’Sullivan

Administrator Ad Litem

Procedural Posture

Probate Application / Application to Revoke Limited Grant and for Directions

Legal Issues

  1. 1 Whether the limited grant to Mr. O’Sullivan as administrator ad litem should be revoked
  2. 2 Extent of authority of an administrator ad litem appointed to substantiate proceedings
  3. 3 Obligations of a limited administrator in estate litigation

Ratio Decidendi

The limited grant to Mr. O’Sullivan should be revoked as he was appointed solely to substantiate proceedings, not to administer the estate or actively defend litigation. The administrator ad litem is a nominal defendant, not obliged to take substantive steps or handle estate assets. The estate must be represented by a general administrator for further proceedings or execution of any judgment.

Court Disposition

Grant to Mr. O’Sullivan revoked; application granted.

Orders

  • Order pursuant to s.27(2) of the Succession Act 1965 revoking the Grant of 10 December 2018 to Mr. O’Sullivan.
  • Directions for handling estate funds: funds to be held on trust until a general grant is extracted, then paid to the personal representative.