Only winners in Terenure family’s will dispute would be ‘the lawyers’, warns judge

A judge has said the only “winners” in a potentially costly legal dispute over a father’s will would be “the lawyers”, encouraging the parties to try to reach a settlement agreement.

Siobhán Fahey, one of five adult children, had argued before the High Court that her father lacked capacity to make a will, under which she and her siblings would each receive €5,000 out of his €610,000 estate.

Her father, Bernard Dooley, who had separated from his wife in the 1970s, died aged 76 in May 2017.

Under a June 15th, 2015, will he left the bulk of his estate to his partner of some 36 years, Moira Murphy, and €5,000 to each of his five adult children.

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Ms Fahey had told a previous hearing that her father had a “Jekyll and Hyde” personality and had shown violent behaviour over years to her and her siblings.

In his will, Mr Dooley left a three-quarters share of his property at Fernhills Road, Manor Estate, Terenure, Dublin, to Ms Murphy, of Wallace Road, Walkinstown, who died in June 2019.

The other quarter share was left to his brother Fr Desmond Dooley, of Baldoyle church, Co Dublin, who died last May.

The Terenure property had been the family home of Bernard Dooley and he had bought out the shares of his siblings, but had deferred paying Fr Dooley his share.

Representing herself, Ms Fahey, of Kilgoggan, Nurney, Co Kildare, had previously told the court her father had shown bizarre and unpredictable behaviour over many years.

Ms Justice Siobhán Stack ruled on Monday that questions around wills made by Mr Dooley would have to be decided at a plenary court hearing.

The judge said it was clear there were “significant concerns” since 2014, and likely at least two years previous to that, about Mr Dooley’s mental wellbeing and cognitive ability.

However, the matter could not be ruled on without going to a full hearing, which would be an “expensive process” for those involved in the case, the judge said.

Ms Justice Stack said she was at a “disadvantage” in making a decision because Mr Dooley’s partner was deceased and he was estranged from his family.

Richard Murphy, a nephew of Moira Murphy and the sole surviving executor of Mr Dooley’s estate, was firmly of the view he had held capacity in making his wills, the court previously heard.

Michael Hourican SC, representing Mr Dooley’s other four adult children, also told the judge they intended to bring proceedings under the Succession Act, to argue their father had failed in his moral duty to make proper provision for them in the will.

While the estate of Mr Dooley was “substantial”, it was not worth “millions”, Ms Justice Stack said.

“Everybody could end up getting less if the matters are not resolved … I would urge all parties to see if they can come to a settlement,” the judge said.

Addressing the court, Ms Fahy said “we wouldn’t be here” if a settlement had been agreed during initial talks in 2018.

Ms Justice Stack told Ms Fahy there was nothing to stop her entering into a settlement agreement she was happy with now, which would allow her to “put the past behind you”.

The judge said if the dispute went forward to a full hearing the cost of those proceedings “could be very significant” and in those circumstances “the only winners out of that will be the lawyers”.

Ms Justice Stack ruled that all parties’ legal costs to date be taken from the estate of Mr Dooley.