A ruling by the High Court has denied permission for two unlawful occupants to challenge orders demanding their eviction from a property in North Dublin, which forms part of the two late sisters’ estate. Justice Emily Farrell dismissed the grounds for occupation put forward by Laksmee Bissuessur and Philip Smith, stating that they possessed “no legitimate basis”. The property in question is owned by the estates of Adeline and Rita Keppel.
The judge found no signs of malpractice from Evelyn McMillen who, in her role as the estates’ administrator, hasn’t shown any signs of behaviour contrary to her duties. Justice Farrell approved the decision made by the Circuit Court in November 2023, which imposed an injunction directing the unlawful occupants to leave the property on Church Road – property that ultimately belongs to Keppels’ beneficiaries.
The property is still registered under the name of Adeline Keppel, who passed away in 2001. Following a Garda plea for help in locating Rita Keppel’s next of kin, a 2011 RTÉ news report confirmed that she had passed away at the age of 78 after spending her entire life in the East Wall area.
Even though she never met Rita Keppel, Ms McMillen was related through her mother. Based in Aohgill, Ballymena, Northern Ireland – Ms McMillen categorically denied all the accusations.
Ms Bissuessur, a caregiver, and Mr Smith, a housekeeper, claimed in their legal documents to have lived in the property since Rita’s death in 2011. The pair accused the Circuit Court Judge of breaching their constitutional rights by failing to question the legitimacy of the administration grants and refusing to probe into previous High Court orders.
However, Justice Farrell dismissed these allegations of fraud, stating that it was a “grave matter” requiring sufficient evidence. The pair were accused by Ms McMillen, and her barrister – Martin J Collins, of refusing to leave the premises when requested which has allegedly caused the deceased’s estates to incur loss and damage.
The individuals occupying the property refuted the accusations yet acknowledged Adeline Keppel’s legal ownership, the judge declared. They pleaded not guilty to illegitimately claiming the property. The alleged inconsistencies in the Keppel family lineage were also contested with Rita Keppel’s position as Adeline’s only surviving sibling under dispute. Genealogical investigations conducted by Mr Smith aimed to uncover the Keppel heirs.
The pair did not dispute that both Adeline and Rita lived on the property, however, they insisted that if Rita continued her residence following her sister’s passing, it was “in hostile possession of Adeline’s estate”. Ms Justice Farrell stated during the court proceedings that the legal practitioners representing the occupants verified their squatter status. She was confident that this was not a case warranting the revocation of the eviction order.
The judge acknowledged that the administrator currently has legal control of the property for the benefit of the estate beneficiaries. The stipulations conferred do not grant beneficial interest in the property to the administrator, but empower her to safeguard and distribute the properties of the estate.