Sunday 18 February 2018

Man secures appeal over will executed by civil partner hours before death

Photo: Getty Images/Ingram Publishing
Photo: Getty Images/Ingram Publishing

Tim Healy

A man has won his appeal against the High Court's rejection of his challenge to a will executed by his civil partner, a former diplomat, hours before his death.

The challenge by Said Laaser was the first of its kind taken after the enactment of civil partnership laws here.

The Court of Appeal found issues concerning the testamentary capacity of Brian Earls when making the disputed will in July 2011 had not been satisfied. It directed a full rehearing of the case in the High Court.

In another will made by Mr Earls hours before he died of cancer on July 4, 2013, Mr Laaser was left 50pc of his assets in accordance with his statutory entitlements under the civil partnership laws. But claimed he had done "much better" in an earlier will of March 2013. The couple had been together over 10 years.

The High Court judge found the disputed will was properly executed and there was "no attempt" to deprive Ms Laaser of his interest in the estate.

Mr Laaser brought proceedings against Maurice Earls and William Early, brother and brother-in-law of Mr Earls, as executors of the estate.

Irish Independent

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