Irish_Wills_and_Probate_Law

Irish Wills and Probate Law Update - Issue 20

Authored by succession law experts, Stephen Spierin BL and Brian Spierin SC, Issue 20 of our Irish Wills and Probate Law Update contains commentary on the recent case of Re Estate of Hannon [2018] IEHC 482.

An excerpt from the 'author comments' section of this case note reads:

'The fundamental principle in an action to prove or condemn a will, is that some evidence must be presented. In settling will disputes, a will should be proved, albeit that the estate may be administered on a different basis, once the court hears evidence of due execution. In this matter, the authors are of the view that evidence could have and ought to have been heard as to capacity or lack thereof, at the minimum in relation to one of the wills. As a consequence some form of grant could have issued which would permit either the executor or administrator to give effect to the compromise that was reached between the parties as to how the estate was to be administered.'

 

Subscribers to Irish Wills and Probate Law can access the update in full by clicking here. Non-subscribers can click the button below to commence a free trial of all BPrO online services.

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