Wills and Probate - S. 90 of the Succession Act 1965 - Admissibility of extrinsic evidence - Determination of true intent of testator  

Facts: The applicant, being granted the probate of the estate of the deceased, sought an order for admissibility of extrinsic evidence in relation to the Will of the deceased, which had the effect of bequeathing the apartment in question to one of the daughters of the applicant. The first named respondent contended that the error, whereby the named daughter of the applicant to whom the relevant apartment had been bequeathed was referred to by some other name, was not accidental and thus, the extrinsic evidence of the family members should not be taken into record. 
Held: Mr. Justice White granted an order in accordance with s. 90 of the Succession Act 1965 and held that the relevant clause of the Will should be read as bequeathing the apartment in question to the named daughter of the applicant. The Court held that in case of any conflict on the Will, the applicant seeking to produce the extrinsic evidence should pass the two-stage test as laid down in Rowe v Law [1978] I.R. 55 namely, the intent of the testator and the explanation of alleged contradiction of the Will. The Court, after taking into account the evidence presented by the family members of the applicant, came to the conclusion that the named daughter of the applicant was the only one who had spent considerable time with the deceased/testator, which was obvious to other family members. 
Black, Maureen v Ann O'Sullivan Centre Limited and ors
2/12/2016 No. 2016/181 SP [2016] IEHC 695