P.McD. v. M.N. [1998] IEHC 183; [1999] 4 IR 301; [1999] 1 ILRM 270 (18th December, 1998)

P.McD. v. M.N. [1998] IEHC 183; [1999] 4 IR 301; [1999] 1 ILRM 270 (18th December, 1998)

The testator's moral duty to the plaintiff was fulfilled by the legacy of £5,000, given the substantial benefit already received by the plaintiff during the testator's lifetime and the plaintiff's appalling conduct towards the testator. The plaintiff failed to discharge the onus of proof required to show a failure of moral duty under Section 117.

Citation
[1998] IEHC 183
Parties
Plaintiff: Peter McDonald; Defendant: Mary Norris (Executrix)
Jurisdiction
Ireland
Procedural Posture
Section 117 Succession Act Application / High Court Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Moral Duty of Testator, Provision for Children Under Will, Section 117 Succession Act 1965, Effect of Applicant's Conduct on Entitlement
Succession Law Moral Duty of Testator Provision for Children Under Will Section 117 Succession Act 1965 Effect of Applicant's Conduct on Entitlement

Case Brief

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Parties

Peter McDonald

Plaintiff

Mary Norris (Executrix)

Defendant

Procedural Posture

Section 117 Succession Act Application / High Court Judgment

Legal Issues

  1. 1 Whether the testator failed in his moral duty to make proper provision for the plaintiff under Section 117 of the Succession Act, 1965
  2. 2 Whether the plaintiff's conduct towards the testator affects the testator's moral duty

Ratio Decidendi

The testator's moral duty to the plaintiff was fulfilled by the legacy of £5,000, given the substantial benefit already received by the plaintiff during the testator's lifetime and the plaintiff's appalling conduct towards the testator. The plaintiff failed to discharge the onus of proof required to show a failure of moral duty under Section 117.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff's application under Section 117 of the Succession Act, 1965 is dismissed