Adjournment of poet's will case to allow representation

A HIGH Court action to clarify issues in the will of poet and philosopher John O’Donohue has been adjourned to allow all proposed…

A HIGH Court action to clarify issues in the will of poet and philosopher John O’Donohue has been adjourned to allow all proposed beneficiaries of the will an opportunity to be represented in court.

O'Donohue (53), author of the best-selling Anam Cara, died almost four years ago, leaving an estate valued at more than €2 million.

His mother Josephine, who witnessed the one-page will, has brought High Court proceedings seeking clarification of what is meant by its terms.

There are eight or nine individuals mentioned in the will, and Mr Justice Paul Gilligan yesterday directed they should all be informed of the proceedings and provided with all relevant papers.

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The judge said there was “a myriad of background angles” involved including “potential tax difficulties down the line”.

He had to decide the legal position and believed any potential beneficiaries should be allowed the opportunity to consider whether they should be represented.

In those circumstances, Mr Justice Gilligan adjourned the matter to November 22nd.

O’Donohue, a former priest, made a will in February 2001 without the benefit of legal advice. It was witnessed by his mother Josephine and brother Peter.

In his will, O’Donohue stated he was leaving all his worldly possessions to his mother Josephine to be divided equally and fairly among his family with “special care and extra help” to be given to his sister Mary. He also stipulated gifts of money were to be given to a number of other persons.

Among the issues raised by the terms of the will are whether Ms O’Donohue herself is a beneficiary and what is meant by the term “family”.

Other issues include what is meant by the term “special care and extra help” for the late philosopher’s sister Mary.

The judge has also been asked by Vinog Faughnan SC, for Ms O’Donohue, to specify what powers she had in her capacity as legal personal representative of her son.

As well as Anam Cara,published in 1997, O'Donohue's other published works include Eternal Echoes, Divine Beautyand Echoes of Memory.

He had studied for the priesthood at Maynooth and later secured degrees in philosophy and English literature and a PhD in philosophical theology from the University of Tubingen in Germany.

O’Donohue died in his sleep on January 3rd, 2008, while on a visit to the Avignon area of France. Originally from Co Clare, he was living in Connemara at the time of his death.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times