J.F. -v- S.G. & T.D. [2015] IEHC 851 (18 December 2015)

J.F. -v- S.G. & T.D. [2015] IEHC 851 (18 December 2015)

The deceased failed in his moral duty to the first plaintiff by not making proper provision for him in light of the guarantee and business involvement; the estate is responsible for the debt and additional provision is ordered. The deceased did not fail in his moral duty to the second plaintiff.

Citation
[2015] IEHC 851
Parties
First Plaintiff: J. F.; Second Plaintiff: CC. F.; Defendant: S. G.; Defendant: T. D.
Jurisdiction
Ireland
Judgment Date
18 December 2015
Procedural Posture
Succession Act S.117 Application / Final Judgment
Outcome
First plaintiff's s.117 claim upheld; second plaintiff's claim dismissed.
Legal Topics
Moral Duty of Testator, Proper Provision for Children, Advancements, Promissory Estoppel, Statute Barred Claims
Succession Law Probate Family Law Moral Duty of Testator Proper Provision for Children Advancements Promissory Estoppel Statute Barred Claims

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Parties

J. F.

First Plaintiff

CC. F.

Second Plaintiff

S. G.

Defendant

T. D.

Defendant

Procedural Posture

Succession Act S.117 Application / Final Judgment

Legal Issues

  1. 1 Did the testator fail in his moral duty to make proper provision for the first plaintiff under s.117 of the Succession Act 1965?
  2. 2 Is the estate obliged to honour a guarantee provided by the deceased for borrowings related to a land transaction?
  3. 3 Did the testator fail in his moral duty to the second plaintiff?

Ratio Decidendi

The deceased failed in his moral duty to the first plaintiff by not making proper provision for him in light of the guarantee and business involvement; the estate is responsible for the debt and additional provision is ordered. The deceased did not fail in his moral duty to the second plaintiff.

Court Disposition

First plaintiff's s.117 claim upheld; second plaintiff's claim dismissed.

Orders

  • Estate to pay €1.6 million debt to AIB for first plaintiff's benefit.
  • First plaintiff to receive €500,000 over and above his one-sixth share.