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In Re MK, dec’d: A, B and C v. TD, FC and P, section 117 Succession Act
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In Re MK, dec'd: A, B and C v. TD, FC and P (High Court, unreported, Laffoy J, 16 April 2010)*
Court holds that personal representative has no jurisdiction to compromise section 117 claim, where effect would be to diminish the share of another beneficiary. Such jurisdiction is vested solely in the court.
Section 117, Succession Act 1965 - section 121 - whether personal representative has jurisdiction or authority to settle action brought under section 117 - whether co-defendant should remain in proceedings once claim under section 121 withdrawn.
[NB: This judgment has not yet been posted on courts.ie.]
XC v. RT [2002] 2 IR 250
Re Earl of Strafford Decd [1980] 1 Ch 28
Re Houghton, Hawley v. Blake [1904] 1 Ch 622
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