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High Court determines that an executor named in a will should not extract a grant of probate, and proposes to grant leave to an independent person to take out a grant of administration with the will annexed, on the grounds that: (a) an application of the sort could be made in the 'non-contentious' probate list and it was not necessary to issue a special summons or determine the matter by way of plenary action; (b) the named executor had failed to apply for a grant, failed to explain that failure, and allowed a company belonging to the deceased to be struck from the register; and (c) the named executor's past conduct amounted to special circumstances justifying his being 'passed over' in relation to the administration of the estate.
Application for grant of administration - pass over of executor appointed under will - failure of executor to extract a grant of probate - s. 27 (4) of the Succession Act, 1965 - death of testatrix in April 2018 - ward of court - admitted to wardship in August 2015 - family dispute as to whether to admit testatrix to wardship -son named as executor and trustee - estate valued at over €5 million - executor called upon to lodge papers in Probate Office - refusal of executor to extract a grant until deceased discharged from wardship - failure of executor, as director of company, to make annual returns - strike off of company - failure to pay rates - whether application premature - whether application to non-contentious probate list was appropriate for removal of executor - whether special summons procedure more appropriate - conflict between executor and other beneficiaries - whether independent administrator more appropriate - delay in extracting grant of probate - lack of explanation for delay - failure to respond to correspondence - failure to take steps concerning company - failure to pay rates - irrelevant considerations - special circumstances - suitability of executor - past conduct.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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