Estate of Hannon: Browne applicant, Re [2018] IEHC 482 (08 August 2018)

Estate of Hannon: Browne applicant, Re [2018] IEHC 482 (08 August 2018)

Special circumstances exist where a bona fide dispute over testamentary capacity has been compromised by all interested parties, making it expedient to grant administration under s.27(4) Succession Act 1965 without admitting any will to probate, limited to implementing the compromise.

Citation
[2018] IEHC 482
Parties
Applicant: Paul Browne; Proposed Administratrix: Susan Halpenny; Deceased: James Patrick Hannon (Deceased)
Jurisdiction
Ireland
Judgment Date
08 August 2018
Procedural Posture
Probate Application Under Succession Act 1965 S.27(4) / Judgment on Application for Grant of Administration Without Will Annexed, Limited to Implementing Compromise
Outcome
Order granted
Legal Topics
Grant of Administration, Testamentary Capacity, Compromise of Probate Disputes, Special Circumstances Under S.27(4) Succession Act 1965
Probate Succession Law Grant of Administration Testamentary Capacity Compromise of Probate Disputes Special Circumstances Under S.27(4) Succession Act 1965

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 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Paul Browne

Applicant

Susan Halpenny

Proposed Administratrix

James Patrick Hannon (Deceased)

Deceased

Procedural Posture

Probate Application Under Succession Act 1965 S.27(4) / Judgment on Application for Grant of Administration Without Will Annexed, Limited to Implementing Compromise

Legal Issues

  1. 1 Whether the court can grant administration under s.27(4) Succession Act 1965 without admitting any will to probate when there is an unresolved dispute as to testamentary capacity and a compromise has been reached among beneficiaries.

Ratio Decidendi

Special circumstances exist where a bona fide dispute over testamentary capacity has been compromised by all interested parties, making it expedient to grant administration under s.27(4) Succession Act 1965 without admitting any will to probate, limited to implementing the compromise.

Court Disposition

Order granted

Orders

  • Ms. Susan Halpenny is permitted to extract a grant of administration of the estate of James Patrick Hannon, limited to implementing the terms of the compromise.