Re Mary Dooley, DECD (Approved) [2024] IEHC 57 (02 February 2024)

Re Mary Dooley, DECD (Approved) [2024] IEHC 57 (02 February 2024)

Patrick and James are not substituted executors; estate's entitlement to shareholding is governed by 2001 Agreement and Undertaking; no evidence of fraud or undervalue in property sale; section 238 remedy lies with company/liquidator, not shareholder; no evidence of lack of capacity; applicant's contemplated causes of action are not stateable and do not justify appointment of independent administrator.

Citation
[2024] IEHC 57
Parties
Applicant: Marie Healy; Respondent: Patrick Dooley; Respondent: James Dooley; Executor (deceased): Daniel Dooley (deceased); Beneficiary: Alice Dooley
Jurisdiction
Ireland
Judgment Date
02 February 2024
Procedural Posture
Probate Application / Judgment on Application for Liberty to Extract Grant of Letters of Administration With Will Annexed
Outcome
Application refused
Legal Topics
Grant of Administration, Substituted Executors, Beneficial Ownership of Shares, Section 608 Companies Act, Section 238 Companies Act, Capacity of Testator, Rule in Foss V. Harbottle
Probate Company Law Grant of Administration Substituted Executors Beneficial Ownership of Shares Section 608 Companies Act Section 238 Companies Act Capacity of Testator +1 more

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Parties

Marie Healy

Applicant

Patrick Dooley

Respondent

James Dooley

Respondent

Daniel Dooley (deceased)

Executor (deceased)

Alice Dooley

Beneficiary

Procedural Posture

Probate Application / Judgment on Application for Liberty to Extract Grant of Letters of Administration With Will Annexed

Legal Issues

  1. 1 Whether Patrick and James are substituted executors under the Will
  2. 2 Whether the estate is entitled to a beneficial shareholding in Dan Dooley Ltd.
  3. 3 Whether the property was sold at an undervalue to Patrick and James

Ratio Decidendi

Patrick and James are not substituted executors; estate's entitlement to shareholding is governed by 2001 Agreement and Undertaking; no evidence of fraud or undervalue in property sale; section 238 remedy lies with company/liquidator, not shareholder; no evidence of lack of capacity; applicant's contemplated causes of action are not stateable and do not justify appointment of independent administrator.

Court Disposition

Application refused

Orders

  • Application for liberty to extract grant of letters of administration with will annexed refused
  • Parties to be heard on further orders or adjournment to permit family agreement on legal personal representative