Wills and Probate - Art. 35 of the Wills and Administration Proceedings (Northern Ireland) Order 1994 - Grant of letters of administration of estate - S. 27 (2) of the Succession Act 1965 - Removal of administratix - Delay 

Facts: Following the grant of an order by the Northern Ireland High Court for removing the first named respondent as administratix of the estate of her husband (deceased), the applicants being the daughter of the deceased and the first named respondent sought an order to that effect in the present jurisdiction. The applicants contended that there had been delay of more than 12 years for the first named respondent to take concrete steps for the administration of the estate. The applicants also objected to the transfer of estate lands by the first named respondent without obtaining consideration for those lands in the estate. The first named respondent averred that the alleged delay was attributable due to the range and extent of the estate. 
Held: Mr. Justice David Keane revoked the grant of administration of the deceased’s estate to the first named respondent and appointed the named law firm as the administrator of the said estate. The Court held that an order for the removal of a person as an executrix would be justified only in case of serious misconduct or existence of special circumstances and not merely because it had frustrated one of the beneficiaries. The Court found that the special circumstances would constitute the acts endangering the estate or befitting the purposes for which the executrix was appointed. The Court found that in the present case, the inordinate delay coupled with the failure to act in accordance with law were the factors that called for the removal of the first named respondent as the administratix of the estate. 
Muckian, Deirdre and anor v Hoey, Albina and ors
25/11/2016 No. 2015/214 SP [2016] IEHC 688