Flood v. Flood [1999] IEHC 232; [1999] 2 IR 234 (14th May, 1999)

Flood v. Flood [1999] IEHC 232; [1999] 2 IR 234 (14th May, 1999)

There is a sufficient question mark over the transfer of funds to justify removal of the executor due to conflict of interest, as the defendant intends to retain monies claimed by the estate and refuses to pursue their recovery, creating a conflict between his role as executor and possible debtor.

Citation
[1999] IEHC 232
Parties
Plaintiff: Sylvester Flood; Plaintiff: Brian Flood; Plaintiff: Elizabeth Sheehan; Defendant: Jack Flood
Jurisdiction
Ireland
Procedural Posture
Special Summons / Ruling on Removal of Executor
Outcome
Defendant to be removed as executor; appointment of alternative administrator adjourned for representations.
Legal Topics
Removal of Executor, Conflict of Interest, Statute of Limitations, Administration of Estate
Probate Succession Trusts Removal of Executor Conflict of Interest Statute of Limitations Administration of Estate

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Parties

Sylvester Flood

Plaintiff

Brian Flood

Plaintiff

Elizabeth Sheehan

Plaintiff

Jack Flood

Defendant

Procedural Posture

Special Summons / Ruling on Removal of Executor

Legal Issues

  1. 1 Whether the executor should be removed due to conflict of interest and alleged misconduct
  2. 2 Whether the transfer of funds was a loan or a gift
  3. 3 Whether any claim by the estate is barred by the Statute of Limitations

Ratio Decidendi

There is a sufficient question mark over the transfer of funds to justify removal of the executor due to conflict of interest, as the defendant intends to retain monies claimed by the estate and refuses to pursue their recovery, creating a conflict between his role as executor and possible debtor.

Court Disposition

Defendant to be removed as executor; appointment of alternative administrator adjourned for representations.

Orders

  • Matter adjourned to future date for hearing representations as to appropriate person to be appointed as administrator.
  • Court will appoint administrator if parties do not consent.