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 court held that the testator had fulfilled his moral duty to the plaintiff by providing a legacy of £5,000, especially considering the substantial benefit the plaintiff had already received during the testator's lifetime and the plaintiff's appalling behaviour towards the testator. The plaintiff failed to discharge the onus of proof required to show a failure of moral duty under Section 117.

Citation
[1999] 1 ILRM 270
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, Behaviour of Beneficiary, Section 117 Succession Act 1965
Succession Law Family Law Moral Duty of Testator Provision for Children Under Will Behaviour of Beneficiary Section 117 Succession Act 1965

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 behaviour towards the testator affects the testator's moral duty

Ratio Decidendi

The court held that the testator had fulfilled his moral duty to the plaintiff by providing a legacy of £5,000, especially considering the substantial benefit the plaintiff had already received during the testator's lifetime and the plaintiff's appalling behaviour 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.