Son entitled to €315,000 from will

Wed, Jul 4, 2012, 01:00

The High Court has ruled that a retired man is entitled to €315,000 from his late mother’s estate after finding she had failed to make proper provision for him.

Mr Justice Roderick Murphy made a declaration under section 17 of the Succession Act 1965 that the late Mary Boyle, who died in April 2001, had failed in her moral duty to make provision for one of her sons, Walter Boyle.

In her will, Mrs Boyle, whose husband, the late John Boyle, died in 1992, left all her interest in the licensed premises at the Square, Kildare, Co Kildare to her son Jarlath. That interest included shares in John Boyle Ltd, the company operating the pub business, stock, all business debts due to Mrs Boyle, a dwelling house, and the contents and furniture of the house.

Yesterday, Mr Justice Murphy ruled that Walter Boyle should receive €315,000, to be funded out of Jarlath’s share of their mother’s estate. The judge also found inordinate and inexcusable delay by Jarlath in extracting a grant of probate, despite repeated calls to do so by Walter.