In the matter of the estate of Terence Benedict McQuaid (deceased) and Conrad McQuaid and Briege McQuaid and Patrick Mallon as executors of the estate of Terence Benedict McQuaid
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Neutral Citation | [2022] NICh 18 |
| Date | 23 November 2022 |
| Court | Chancery Division (Northern Ireland) |
1
Neutral Citation No: [2022] NICh 18
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM11987
Delivered: 23/11/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
CHANCERY DIVISION
___________
IN THE MATTER OF THE ESTATE OF TERENCE BENEDICT McQUAID
(DECEASED)
___________
Between:
CONRAD McQUAID
Plaintiff
and
BRIEGE McQUAID AND PATRICK MALLON AS EXECUTORS OF THE
ESTATE OF TERENCE BENEDICT McQUAID DECEASED
Defendants
___________
The Plaintiff appeared in person
Patrick Lyttle KC and Rory McNamee (instructed by Mallon & Mallon) for the
Defendants
___________
HUMPHREYS J
Introduction
[1] The plaintiff in this action is the eldest son of the late Terence Benedict
McQuaid (‘the deceased’) who died on 30 July 2018. The defendants are the named
executors of a Will purportedly executed by the deceased on 17 July 2018 (‘the
disputed Will’).
[2] In these proceedings, the plaintiff seeks a declaration that the disputed Will is
invalid on two discrete grounds:
(i) The deceased lacked the necessary capacity at the time of execution; and
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