Farmer’s will challenged after bulk of estate left to relative with fraud convictions

More than 40 relatives of a deceased Co Galway farmer have asked the High Court to set aside a will purporting to leave the bulk of her highly valuable estate to another relative who has criminal convictions for offences including fraud.

It is also claimed that the will was made before a solicitor who was not from the firm used by the late Margaret Hernon and who is alleged to be an associate of the main beneficiary, Peter O’Toole.

Mr Justice Cian Ferriter was told on Tuesday that Ms Hernon, who had no children and was an only child, died aged 91 on March 16th, 2017. She was pre-deceased by her husband Frank in 2005 and by all of her first cousins.

She left a valuable estate, which at one point was valued at €9 million, but is now thought to be worth some €2.5 million.

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The estate’s assets include the farmhouse Ms Heron resided in at Barnacranny, Bushypark, with an adjoining 13 acres of farmland on the edge of Galway city, as well as a large quantity of cash.

At the time of her death, it was believed by her wider family, who are the children of her first cousins, that she died intestate. The court heard the firm of solicitors she used for many years said that, while it had discussions with her about making a will, it had believed that she never made one.

However, six months after her death her family was informed that she made a will before then-solicitor Liam O’Gallchobhair, who was also nominated to act as executor of her estate, in 2006. He ceased practising law in 2010.

In the will, she left sums of money totalling €22,000 to a few family members, friends, and the local Catholic church, while the rest of her estate was left to Mr O’Toole, of Leagaun, Moycullen, Co Galway.

Undue influence

Agustus ‘Gus’ Kelehan, a child of one of the deceased’s first cousins, has brought proceedings against Mr O’Gallchobhair, of Highfield Park, Galway, claiming the will was procured by deceit and by undue influence of Mr O’Toole.

Opening the case for Mr Kelehan, Paddy McCarthy SC, appearing with David Kennedy SC and Conor Cahill BL, instructed by Patrick Higgins of Keane Solicitors, said it was his client’s case that the deceased did not have a good relationship with Mr O’Toole and did not have any time for him.

Mr O’Toole, counsel said, was unpopular within the wider family due to his criminal behaviour.

Counsel said Mr O’Toole was convicted in the 1970s before the Special Criminal Court in Dublin for possession of a gun that was used by others in a robbery in Galway City in 1974 in which an innocent man was shot dead. He was also convicted before courts in the UK in the 1970s and 1980s for offences including obtaining property by deception and forgery.

Counsel said there were concerns that Mr O’Gallchobhair was an associate of and socialised with Mr O’Toole. He said that prior to her death, Ms Hernon had discussions with the solicitors who acted for her over many years. She put together a draft will, which was ultimately never finalised, and never said anything about having signed a will in 2006.

The claims are all denied and, in a counterclaim, the retired solicitor, represented by Vinog Faughnan SC, Michael Hourican SC and Laurence Masterson BL, instructed by O’Dowd solicitors, seeks an order formally proving the 2006 will.

The court heard Mr O’Gallchobhair claims he knew the deceased for many years. He said he met her on the street in Galway city and, following a conversation with him, she made the will in his office in 2006. It is claimed Ms Hernon went to him and not her regular solicitor because she was of the belief that others knew too much about her business affairs.

Attack on character

He claims he and another man, John Concannon, a farmer from Truskey East, Barna, Co Galway, witnessed Ms Hernon sign the will. He accepts he knows Mr O’Toole, and acted for him, but denies all of the allegations that he colluded with him regarding the will. These claims amount to an attack on his character, he says.

Mr O’Toole also denies any wrongdoing. He claims he had a good relationship with the deceased and, the court heard, she said to other third parties that Mr O’Toole had been good to her.

In his evidence to the court, Mr Kelehan, of Balagh, Bushypark, Co Galway, said Mr O’Toole had been “a blight on our family” for many years due to his criminal behaviour. While he did not know him personally, he said Mr O’Gallchobhair’s reputation was “bad”.

In reply to Mr Kennedy, he said a committee had been formed by Ms Hernon’s relatives to deal with her estate following her death. They believed she had not made a will. However, he said, when he heard about the 2006 will and that it been executed before Mr O’Gallchobhair, he said he “saw it coming” that Mr O’Toole would be the main beneficiary.

Stands to gain

Under cross-examination from Mr Hourican, Mr Kelehan accepted he was not close to the deceased but said his mother had been. He also accepted a handwriting expert hired on their behalf could not say that Ms Hernon’s signature on the 2006 will was a forgery, as had been originally claimed by the plaintiff.

In reply to counsel, he rejected a claim he and the other family members stood to each gain €180,000 if their challenge is successful. The witness said it was not about the money for him. He added that each of the family members would be lucky to get €50,000 each.

He also accepted that certain parts of the 2006 will were similar or the same as what had been included in a draft will that Ms Hernon had prepared with the firm of solicitors that she had frequently used. However, the witness said he believed the 2006 will had been manufactured and that he had come to court to “right a wrong”.

He also said he believed Mr O Gallchobhair and Mr O’Toole saw “a golden opportunity” when Ms Hernon died.

The hearing continues.