Kelly v. Cahill [2001] IEHC 2; [2001] 2 ILRM 205 (18th January, 2001)

The testator's clear intention was for his wife to inherit all property absolutely. Due to solicitor's inadvertence, some lands were not transferred into joint ownership. Equity requires that the nephew's remainder interest be held as a constructive trust for the widow, preventing unjust enrichment.

Citation: [2001] IEHC 2
Parties: Plaintiff: Plaintiff (sole surviving executor of Michael Cahill Senior); First Defendant (widow): Nellie Cahill; Second Defendant (nephew): Michael Cahill Junior
Jurisdiction: Ireland
Procedural Posture: Probate Administration / Final Judgment
Outcome: Plaintiff's claim granted in part; constructive trust imposed.
Legal Topics: Constructive Trust, Unjust Enrichment, Administration of Estate, Testamentary Intention

Equity Trusts Probate Constructive Trust Unjust Enrichment Administration of Estate Testamentary Intention

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Parties

Plaintiff (sole surviving executor of Michael Cahill Senior)

Plaintiff

Nellie Cahill

First Defendant (widow)

Michael Cahill Junior

Second Defendant (nephew)

Procedural Posture

Probate Administration / Final Judgment

Legal Issues

1 Whether lands in Folio GY043846F pass under the will to the widow for life and remainder to the nephew
2 Whether the nephew is a constructive trustee of the remainder interest for the benefit of the widow

Ratio Decidendi

Court Disposition

Plaintiff's claim granted in part; constructive trust imposed.

Orders

Second defendant to execute assurance necessary to vest all lands in Folio GY043846F in the first defendant (widow).