Irish_Wills_and_Probate_Law-1

Wills and Probate Update - Issue 21

Issue 21 of our Wills and Probate Update is now live for online subscribers. This issue contains commentary on K v K [2018] IEHC 615, where an action was brought against the estate of the deceased under both proprietary estoppel and s 117 of the Succession Act 1965.

An excerpt from the case note reads:

'The plaintiff, who was in his forties when his mother died, had left school at 15 without any qualification. His evidence was to the effect that he had been taken out by his father of school and put to work on the farm. This evidence was contested, the trial judge felt, on balance, that it was likely that he was happy enough to leave school. Thereafter he worked on the farm and as the years passed did more and more of the work on the farm. There was evidence of independent witnesses to support this claim though the siblings of the plaintiff tried to downplay the work he did on the farm. The court did not accept the evidence led by the defendant in this regard.'

 

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