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EX TEMPORE JUDGMENT of Mr Justice Clarke delivered on the 23rd day of November, 2007
The plaintiff LB is elder of the two children of the deceased and was 17 at the date of his death. The plaintiff AC is the younger of the two children and was three when her father died. The deceased made and duly executed his last will and testament on the 30th�July�2002 and unfortunately later died on the 14th September�2004. Probate of the will was issued to the defendants in both proceedings as executors. The sums bequeathed to the various parties mentioned in the will were expressed in Irish pounds and for convenience I will retain, in describing the will, that currency.
The plaintiff AC was left a�sum of IR�100,000 in her father's will. The mother of the plaintiff AC ("AMG") was left a�sum of IR�300,000. The amount left to AMG was left to her absolutely and there is no legal onus, arising out of the will, on the part of AMG to apply any of that sum for the benefit of AC. It was accepted on behalf of AC that, the duty to provide for AC is a joint one on the part of both of her parents but it was further submitted that the moral duty on the part of her father, as established by the Succession Act 1965, had crystallised on his death.
The plaintiff LB was left the sum of IR�250,000 in the will. In addition the deceased left IR�75,000 and the residue of his estate to his mother who had survived him. He also left IR�10,000 to each of his brothers and sisters amounting in total to a sum of IR�60,000 to those siblings. The sums provided for both LB and AC were devised to named Trustees on trust for the respective parties.
The deceased was unmarried and the only persons in respect of whom he owed a�direct legal duty were the two plaintiffs in the respective proceedings. There was no legal duty to make provision for either his siblings, his mother or AMG. I will return to the question of whether he owed a moral duty in respect of any of those parties and the effect of any such duty in due course.
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