The Estate of Daniel Doran [Deceased], Re (Rev1) [2025] IEHC 646 (21 November 2025)

The Estate of Daniel Doran [Deceased], Re (Rev1) [2025] IEHC 646 (21 November 2025)

Section 82 of the Succession Act, 1965, only voids gifts to witnesses who attested the instrument conferring the benefit; since the applicant and her brother witnessed the codicil but not the will, and the codicil reduced rather than conferred their benefit, their gifts under the will remain valid.

Citation
[2025] IEHC 646
Parties
Applicant: Mary Barton; Deceased: Estate of Daniel Doran
Jurisdiction
Ireland
Judgment Date
21 November 2025
Procedural Posture
Probate / Application to Admit Will and Codicil to Probate
Outcome
Application granted; Will and Codicil admitted to probate.
Legal Topics
Attestation of Wills, Beneficiaries as Witnesses, Validity of Codicils, Mutual and Joint Wills
Succession Law Probate Attestation of Wills Beneficiaries as Witnesses Validity of Codicils Mutual and Joint Wills

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Parties

Mary Barton

Applicant

Estate of Daniel Doran

Deceased

Procedural Posture

Probate / Application to Admit Will and Codicil to Probate

Legal Issues

  1. 1 Whether beneficiaries who witnessed a codicil are prevented from taking under the original will by s. 82 of the Succession Act, 1965
  2. 2 Whether the codicil constitutes a republication of the will affecting the validity of gifts to witnesses

Ratio Decidendi

Section 82 of the Succession Act, 1965, only voids gifts to witnesses who attested the instrument conferring the benefit; since the applicant and her brother witnessed the codicil but not the will, and the codicil reduced rather than conferred their benefit, their gifts under the will remain valid.

Court Disposition

Application granted; Will and Codicil admitted to probate.

Orders

  • Order admitting Will dated 11 January 2018 and Codicil dated 1 June 2023 to probate.