O'Malley v Breen & Anor (Approved)

1.������ This is an appeal from the judgment of O�Connor J. delivered on 13 September 2019, and his supplemental judgment delivered ex tempore on 7 November 2019, arising from which orders were perfected on 3 December 2019.

5.������ The deceased and Mary Breen had been in a long term relationship, cohabiting since 1995, and they had four dependent children aged 16, 15, 13 and 8 when the deceased died. The deceased and Mary Breen married on 24 January 2017, shortly before the death of the deceased.

6.������ By his last Will dated 27 January 2017 the deceased appointed the respondent, and another as the executors of his estate. The Executor, who is a brother of Mary Breen, initially renounced his entitlement to administer the Estate but later with leave of the court revoked that renunciation and thereafter with the leave of the Court obtained the Grant of Probate, the other named executor having renounced.

7.������ Having examined the affairs of the estate the Executor came to the view that �the estate is in all likelihood insolvent�, and he is seeking to realise the assets to meet liabilities. He states that issues have arisen in relation to the First Property, which he avers was bought as a �residential investment property�. The First Property is devised by the deceased�s Will to Kay Breen; the relevant clause reads:

�������������� �I give devise and bequeath my dwellings at The Wood, Ravensdale, Dundalk, County Louth and 6 Distillery Mews, Dundalk to Kay Breen�.