RELATIVES of a woman who died 12 hours after her husband's death have lost their claim in the High Court to be entitled to half of his £2.4 million estate.
The action concerned the estate of the Mr Thomas Cummins, of Patrick Street, Dun Laoghaire, Co Dublin, who had an 80 per cent interest in the Victor Hotel, Rochestown Avenue, Dun Laoghaire, and owned other property.
Mr Cummins died on February 2nd, 1995, leaving a net estate worth £2,408,211. His widow, Ms Kathleen Cummins, who died 12 hours later, had been comatose from the time of his death, about which she never knew.
The bulk of her estate which had a net value of £370,914 comprised a 50 per cent interest in T.J. Cummins and Co Ltd, which owned six houses in Mulgrave Street and two properties in Patrick Street, all in Dun Laoghaire.
Mr Cummins made no provision for his wife in his will. Mr Justice Kelly in a reserved judgment yesterday said that given the value of her estate, she was obviously reasonably comfortable in her own right.
It was claimed by Ms Cummins's relatives that under the 1965 Succession Act, she was entitled as a legal right to half of his estate. Mr Justice Kelly considered the interpretation to be given to Section 3 of the 1965 Act which states. "If the testator leaves a spouse and no children, the spouse shall have a right to one half of the estate".
There is no decided legal case on this particular point. He said conferring a right" gave a recipient an interest recognised and protected by law. But the recipient was free to decide whether or not to exercise that right.
Mr Justice Kelly held Ms Cummins's right under the Succession Act was a purely personal right and died with her. Had she survived she could have decided to exercise or not exercise her right to look for a half share, of her late husband's estate.
In the absence of a claim by Ms Cummins during her lifetime, the judge held no part of her late husband's estate vested in her.
Mr Justice Kelly said the Succession Act brought major changes in the law of succession. Be fore the Act, a person could deal with his property as he thought fit. The legislature thought some curtailment of this freedom was required in the interests of a spouse.
Section 3 of the Act did not of half of Mr Cummins's estate to his spouse. Rather, it created a right exercisable on her part, if she so wished.