The Estate of Michael Andrew Kennedy

HIS HONOUR: By summons filed on 13 May 2019 the executor of the estate of the late Michael Andrew Kennedy applies for judicial advice in relation to the administration of that estate.

Mr Kennedy died on 4 July 2018. His last will and testament had been made on 15 March 2016. That is the will of which probate was granted to the applicant by this Court on 24 September 2018 (the “Will”).

After making certain specific legacies, the Will provided as to the residuary estate:

An issue has arisen because it appears that three of the residuary beneficiaries have been incorrectly described. This is not an unfamiliar problem.

The Court has had the advantage of the advice provided to the applicant by Mr P Walsh of Counsel, who appeared for the applicant today. That advice sets out the relevant facts by incorporating the statement of facts which is before the Court and the applicable legal principles in relation to mis-description of beneficiaries.

In this case the position appears to be quite clear. All of the residuary beneficiaries have been notified of today's application and, in particular, as to how the applicant proposes to administer the estate. None of them has objected to the application and none of them has sought to appear today.

The material set out in the statement of facts which forms the basis of Mr Walsh's advice demonstrates both the identity of the persons to whom it would appear the deceased intended to refer in the Will, and the fact that no other persons who might otherwise fit those descriptions have been able to be found.

In those circumstances, this is an appropriate case for the Court to provide the advice which the applicant seeks rather than to require the applicant to bring an inter partes construction suit.

The orders of the Court are as follows: