The High Court has refused to dismiss an inheritance dispute concerning a house at 33 Bettyglen, Raheny which passed to one of the late owner's sons outside his estate.
Eileen Martin is challenging a 2001 deed under which her father, James Horan, transferred the property into the joint names of himself and his son James John Horan. Mr Horan died in October 2016. Because the property was jointly owned, it passed to his son by survivorship rather than under his will.
That outcome sits uneasily with Mr Horan's 2008 will. The will purported to leave the house to James John Horan on condition that he sell his own home and put the net proceeds into the estate. Other provisions provided for distribution among specified children depending on whether that bequest was accepted.
Ms Martin alleges that the 2001 deed should be set aside on grounds including presumed or actual undue influence and improvidence. Those claims have not been determined. She also seeks removal of the executors and appointment of another personal representative who could pursue a challenge to the deed on behalf of the estate.
James John Horan and Antoinette, or Toni, Horan sought to have the proceedings dismissed. They argued that Ms Martin lacked standing, that the claim was statute barred and that it should be struck out for delay.
Stack J rejected those arguments. She held that Ms Martin plainly had an interest because successfully setting aside the deed could substantially increase what she receives under the will. The court also found that the defendants had not established which limitation period applied, when it began or that it had expired.
On delay, the judge noted that this is a probate action and that the defendants had never filed the affidavit of scripts required by court rules, despite resisting doing so. That affected when Ms Martin was required to deliver her statement of claim.
The case will therefore continue under case-management directions. The judge also allowed time for mediation if the parties wish to attempt settlement.