Court approves will as dispute resolved

The High Court has admitted to probate the will of a Dublin man, who left an estate of €1.9 million, after hearing that a legal challenge by the man's widow to the will has been resolved.

Mrs Mercedes Phelan had claimed the will of her late husband, Mr Neil Phelan, Palmerston Road, Rathmines, Dublin, failed to make adequate provision for her. Although most of the estate was left to Mrs Phelan in the will, it was left on trust to her husband's brothers, meaning she was unable to deal with it herself.

However, under an agreement reached with the executors of the will, she will now receive 55 per cent of the estate, with the remaining 45 per cent, less legal costs, going to Mr Bernard Phelan and Mr Declan Phelan, nephews of Mr Phelan, and Ms Caroline Masse, his niece.

Mr Phelan was suffering with cancer in December 2000 when he made his will, Mr Justice Kelly heard yesterday. However, there was no dispute regarding his testamentary capacity.

Mr Phelan, who was childless, died in January 2001. In his will, he appointed his brothers Vincent and Andrew as executors and trustees of his estate.

He bequeathed all his property to his brothers as trustees who were to receive £5,000 each for acting as executors. They would pay any legacies and hold the residue of the estate for his wife for the rest of her life and thereafter for his nephews and niece.

Soon after Mr Phelan's death, his widow moved out of their home. The house was later sold for €1.6 million.

The entire estate is valued at some €1.9 million.

Mr Angus Buttanshaw, for the administrators of the estate, told the judge yesterday, a compromise had been reached between the affected parties.