The matter of the Estate of Mary Ann (Otherwise Maureen) Horan Deceased and in the Matter of Section 27 (4) of the succession Act, 1965 [2020] IEHC 21 (24 January 2020)

The matter of the Estate of Mary Ann (Otherwise Maureen) Horan Deceased and in the Matter of Section 27 (4) of the succession Act, 1965 [2020] IEHC 21 (24 January 2020)

Special circumstances exist due to executor's prolonged delay, failure to respond to correspondence, mismanagement of estate assets, and breakdown of trust with beneficiaries. It is expedient to pass over the executor and grant liberty to applicant to apply for probate with will annexed under s.27(4) Succession Act 1965.

Citation
[2020] IEHC 21
Parties
Applicant: Stephen Horan; Executor/respondent: Dermot Horan; Beneficiary: Josephine Horan; Beneficiary: Yvonne Reynolds; Deceased: Mary Ann (Maureen) Horan
Jurisdiction
Ireland
Judgment Date
24 January 2020
Procedural Posture
Probate Application Under Succession Act 1965 S.27(4) / Judgment on Motion to Pass Over Executor Prior to Grant of Probate
Outcome
Application granted; executor passed over.
Legal Topics
Passing Over Executor, Grant of Probate, Special Circumstances Under S.27(4), Administration of Estate
Probate Succession Law Passing Over Executor Grant of Probate Special Circumstances Under S.27(4) Administration of Estate

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Parties

Stephen Horan

Applicant

Dermot Horan

Executor/respondent

Josephine Horan

Beneficiary

Yvonne Reynolds

Beneficiary

Mary Ann (Maureen) Horan

Deceased

Procedural Posture

Probate Application Under Succession Act 1965 S.27(4) / Judgment on Motion to Pass Over Executor Prior to Grant of Probate

Legal Issues

  1. 1 Whether special circumstances exist to justify passing over the named executor under s.27(4) of the Succession Act 1965
  2. 2 Whether the application can be determined on affidavit in the non-contentious probate list
  3. 3 Whether delay and conduct of executor warrant intervention

Ratio Decidendi

Special circumstances exist due to executor's prolonged delay, failure to respond to correspondence, mismanagement of estate assets, and breakdown of trust with beneficiaries. It is expedient to pass over the executor and grant liberty to applicant to apply for probate with will annexed under s.27(4) Succession Act 1965.

Court Disposition

Application granted; executor passed over.

Orders

  • Applicant Stephen Horan given liberty to apply to extract grant of probate with will annexed.
  • Dermot Horan passed over as executor for purposes of grant of probate.