Re GM (Deceased); Re M; M v M
| Jurisdiction | Ireland |
| Court | High Court |
| Judgment Date | 01 January 1972 |
| Date | 01 January 1972 |
(H.C.)
In re M.; M
and
M
Moral duty - Adopted son - No provision made for only child - Power of court to make suitable provision - Succession Act, 1965 (No. 27), s. 117.
Section 117, sub-s. 1, of the Succession Act, 1965, provides: —"Where, on application by or on behalf of a child of a testator, the court is of opinion that the testator has failed in his moral duty to make proper provision for the child in accordance with his means, whether by his will or otherwise, the court may order that such provision shall be made for the child out of the estate as the court thinks just." The...
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26 cases
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B (E) v S (S) & McC (G)
...the plaintiff, the court had to sit "in the testatrix's chair" on the eve of her death, to use the language of Kenny J. in F.M -v- T.A.M. 106 ILTR 82. While he accepted that subsection (2) was primarily directed towards the extent of the provision that should be made once it had been estab......
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Rojack v Taylor and Buckhalter
...SUCCESSION ACT 1965 S117 SPIERIN & FALLON THE SUCCESSION ACT 1965 & RELATED LEGISLATION: A COMMENTARY 3ED 2003 353 M (F) v M (T) 1970 106 ILTR 82 C & F v C (W) & C (T) 1990 2 IR 143 1989 ILRM 815 NEGLIGENCE: Duty of care Solicitors - Succession - Administration of estates - Solicitor's d......
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J. De B. v H.E. De B
...of a positive failure in moral duty.C.C and Ch.F. v. W.C. and T.C.IR [1990] 2 I.R. 143 and F.M. v. T.A.M. and OthersDLTR (1970) 106 I.L.T.R. 82 applied. 4. That the only other way the deceased could have made provision for the plaintiff was by giving him a bigger legacy, but since the remai......
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C.C. v W.C.
...by objective considerations the court's view and not the testator's view being decisive. M. (F.) v. M. (T.) & Ors. In re M.DLTR (1970) 106 I.L.T.R. 82 approved. 2. That the phrase "failed in his moral duty to make proper provision for the child in accordance with his means" in s. 117, sub-s......
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