Courts / Ireland / Report

Woman seeking share of "very valuable estate" has capacity to instruct lawyers, judge rules

Summary

In a High Court hearing, a woman aged in her late 70s who claims she was a long‑term partner of a deceased man sought proper provision from his estate. She argued that she lacked mental capacity to instruct her lawyers, but the judge ruled she had the capacity to continue the proceedings. The court noted medical evidence of cognitive difficulties but found no proof that she could not understand the nature of the case. The woman, who was named a co‑executor but renounced that role to bring her action, claims entitlement under the 2010 Civil Partnership Act. She also pursued related actions to prevent her removal as a director of a company run by the deceased and to secure a right of residence. The judge adjourned the case, stating it would likely take many more days to resolve. The court declined to allow her lawyers to come off record in any of the three actions.

Who, what, where, when and why

What: Report matter: Woman seeking share of "very valuable estate" has capacity to instruct lawyers, judge rules. Procedural stage: hearing_or_decision

When:

• 2023-04-27 Publication

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report