Gunning v. Gunning Hameed [2003] IEHC 123 (31 July 2003)

Gunning v. Gunning Hameed [2003] IEHC 123 (31 July 2003)

The defendant's failure to notify the plaintiff under s.56(1), her attempt to appropriate estate property for herself, and her failure to act impartially as executrix constituted serious misconduct justifying her removal as executrix and the cancellation of the grant of probate.

Citation
[2003] IEHC 123
Parties
Plaintiff: Sarah Gunning; Defendant: Eileen Gunning Hameed
Jurisdiction
Ireland
Judgment Date
31 July 2003
Procedural Posture
Probate Application / Judgment After Hearing
Outcome
Defendant removed as executrix; grant of probate cancelled; new administrator appointed.
Legal Topics
Removal of Executor, Failure to Notify Beneficiary, Appropriation of Dwelling, Trustee Duties
Probate Succession Law Trusts Removal of Executor Failure to Notify Beneficiary Appropriation of Dwelling Trustee Duties

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Parties

Sarah Gunning

Plaintiff

Eileen Gunning Hameed

Defendant

Procedural Posture

Probate Application / Judgment After Hearing

Legal Issues

  1. 1 Whether the defendant should be removed as executrix of the estate for breach of duty
  2. 2 Whether the plaintiff's rights as surviving spouse under s.56 of the Succession Act 1965 were extinguished by effluxion of time
  3. 3 Whether the defendant's actions in seeking to register herself as sole owner constituted serious misconduct

Ratio Decidendi

The defendant's failure to notify the plaintiff under s.56(1), her attempt to appropriate estate property for herself, and her failure to act impartially as executrix constituted serious misconduct justifying her removal as executrix and the cancellation of the grant of probate.

Court Disposition

Defendant removed as executrix; grant of probate cancelled; new administrator appointed.

Orders

  • Defendant Eileen Gunning Hameed removed as executrix of the estate of James Gunning.
  • Grant of probate dated 3rd September 1985 recalled and cancelled.