Leopold v Malone [2018] IEHC 726 (30 November 2018)

Leopold v Malone [2018] IEHC 726 (30 November 2018)

On balance of probabilities, applying the presumption of due execution, the July 2004 will was executed in accordance with s.78 Succession Act 1965; the codicil of August 2010 is valid; the bequest to 'A.G.A.A.' is construed as a bequest to 'Turn2Us'.

Citation
[2018] IEHC 726
Parties
Plaintiff: Stephen Leopold; Defendant: Noel Malone
Jurisdiction
Ireland
Judgment Date
30 November 2018
Procedural Posture
Probate / Final Judgment
Outcome
Will and codicil upheld; charitable bequest construed to Turn2Us.
Legal Topics
Due Execution of Will, Codicil Validity, Charitable Bequest Construction
Succession Probate Due Execution of Will Codicil Validity Charitable Bequest Construction

Case Brief

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Parties

Stephen Leopold

Plaintiff

Noel Malone

Defendant

Procedural Posture

Probate / Final Judgment

Legal Issues

  1. 1 Whether the will dated 20 July 2004 was duly executed under s.78 Succession Act 1965
  2. 2 Whether the codicil dated 27 August 2010 is valid
  3. 3 Whether the bequest to 'A.G.A.A.' can be construed as a bequest to 'Turn2Us'

Ratio Decidendi

On balance of probabilities, applying the presumption of due execution, the July 2004 will was executed in accordance with s.78 Succession Act 1965; the codicil of August 2010 is valid; the bequest to 'A.G.A.A.' is construed as a bequest to 'Turn2Us'.

Court Disposition

Will and codicil upheld; charitable bequest construed to Turn2Us.

Orders

  • Declaration that the July 2004 will was duly executed under s.78 Succession Act 1965.
  • Declaration that the August 2010 codicil is valid.