Judgment: 2017-12-20 · Court archive

High Court allows interim administration of estate to secure elderly widow’s share

The court dismissed objections to a limited grant pending Circuit Court proceedings, but directed that any payment to the ward be considered later, with the estate’s liabilities taken into account.

High Court · [2017] IEHC 797

Who, what, where, when and why

Who
  • Patricia Hickey
  • Ann Clohessy
  • Richard Hammond
  • Peter Clohessy
  • P.C.
  • Mr Justice Binchy
What

The court dismissed objections to a limited grant pending Circuit Court proceedings, but directed that any payment to the ward be considered later, with the estate’s liabilities taken into account.

Where

Places mentioned in the report

  • Hospital
When

Judgment:

Why

Reasons reported in the judgment

The court held that the wardship order remained in force unless set aside through appropriate proceedings. It also found that the statutory time limit for electing a legal right share had not begun to run because no grant of probate or administration had been taken out. The judge said the administrator could gather and sell only assets belonging to the deceased’s estate; disputes over ownership might require separate steps to resolve.

The High Court has allowed an application for a limited grant to administer the estate of Peter Clohessy while testamentary proceedings continue, after dismissing objections raised by one of his sons.

In a judgment delivered on 20 December 2017, Mr Justice Binchy granted the motion brought by Patricia Hickey, committee of the person and estate of Ann Clohessy, subject to a limit on when money could be paid to her. The grant was sought for Richard Hammond, a solicitor, as administrator pendente lite.

Ann Clohessy, who was 95, was entitled to a one-third legal right share of her late husband’s estate. The judge said the deceased had died in 2010 and that proceedings in the Circuit Court between family members remained unresolved after years of disputes and interlocutory applications. Hickey told the court that Ann was living in hospital, had ongoing care needs and might not receive the benefit of her entitlement if administration continued to be delayed.

The son, identified in the judgment as P.C., opposed the application. He argued, among other things, that orders appointing Hickey as committee were invalid or had not been properly served, that the election to take Ann’s legal right share was out of time, and that estate assets included land he claimed as his own.

The court held that the wardship order remained in force unless set aside through appropriate proceedings. It also found that the statutory time limit for electing a legal right share had not begun to run because no grant of probate or administration had been taken out. The judge said the administrator could gather and sell only assets belonging to the deceased’s estate; disputes over ownership might require separate steps to resolve.

The executors did not oppose the application but raised concern that paying out one third before estate liabilities were known could result in an overpayment. The court accepted that concern. It directed that, once the estate is realised, the committee must apply to court on notice to the executors for payment to Ann. The executors must then provide details of known liabilities and estimates of unresolved liabilities, so the court can decide what amount should be paid.

The judgment granted the motion in full subject to that payment procedure. It did not determine the outstanding testamentary proceedings or order an immediate distribution of one third of the estate.

Read the original court judgment

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