O'Connell v O'Connell & Anor (Approved) [2021] IEHC 127 (26 February 2021)

O'Connell v O'Connell & Anor (Approved) [2021] IEHC 127 (26 February 2021)

The specific gift of Kerry Co-Operative shares in the will does not include Kerry Group plc shares acquired after execution. The Kerry Group plc shares are legally distinct assets and, absent clear intention or ambiguity in the will, fall into the residue of the estate. Extrinsic evidence is not sufficiently probative to establish a contrary intention and cannot be admitted to supply a disposition not expressed in the will.

Citation
[2021] IEHC 127
Parties
Plaintiff: Padraig O’Connell; Defendant: Thomas O’Connell; Defendant: Breda (Bridie) Murphy
Jurisdiction
Ireland
Judgment Date
26 February 2021
Procedural Posture
Special Summons / Judgment
Outcome
Specific gift of Kerry Co-Operative shares does not include Kerry Group plc shares; Kerry Group plc shares fall into residue.
Legal Topics
Interpretation of Wills, Ademption, Extrinsic Evidence, Partial Intestacy
Succession Law Property Law Interpretation of Wills Ademption Extrinsic Evidence Partial Intestacy

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Parties

Padraig O’Connell

Plaintiff

Thomas O’Connell

Defendant

Breda (Bridie) Murphy

Defendant

Procedural Posture

Special Summons / Judgment

Legal Issues

  1. 1 Whether the gift of Kerry Co-Operative shares to Thomas O’Connell includes the Kerry Group plc shares held by the deceased at death
  2. 2 Whether the Kerry Group plc shares form part of the residue of the estate

Ratio Decidendi

The specific gift of Kerry Co-Operative shares in the will does not include Kerry Group plc shares acquired after execution. The Kerry Group plc shares are legally distinct assets and, absent clear intention or ambiguity in the will, fall into the residue of the estate. Extrinsic evidence is not sufficiently probative to establish a contrary intention and cannot be admitted to supply a disposition not expressed in the will.

Court Disposition

Specific gift of Kerry Co-Operative shares does not include Kerry Group plc shares; Kerry Group plc shares fall into residue.

Orders

  • Kerry Group plc shares to be distributed as part of the residue of the estate.
  • Costs to be borne by the estate.