Builder used ‘undue influence’ to get woman to change will

A builder befriended an elderly woman some years before her death used undue influence to get her to change her will, worth an estimated €500,000, and leave it all to him, it has been claimed by the woman’s niece at the High Court.

Claire Browne died single, aged 88, in November 2011 having been in Clonskeagh Hospital in Dublin since 2003, where she had been assessed at different times with varying degrees of dementia, the court also heard.

In September 2008, she made a will leaving to builder Noel Wright her main asset, her former home in Beach Road, Sandymount, Dublin, now vacant and boarded up and worth an estimated €500,000, it is claimed.

Mr Wright, Kiltipper, Tallaght, Dublin, says he carried out work on her home and got to know her very well while she was in hospital. Mr Wright’s father had been a good friend of Ms Browne’s late brother Edward.

Edward had a son and daughter and the court heard the daughter, Jacqueline Mary Maryon, who lives in South Africa, is contesting the 2008 will.

Ms Maryon says the court should declare a previous will made by her aunt in October 1976, leaving everything to Edward, as her true last will and testament.

If so, the proceeds would be divided between Ms Maryon and her brother as beneficiaries of their father’s estate.

Joseph Jackson BL, for Mr Wright, said his client became good friends with Ms Browne after she was first admitted to hospital with injuries from a fall. He visited her regularly and believes all others had “abandoned” her because she seemed to be getting no other visits, counsel said.

Three years before her death, in September 2008, she appointed Mr Wright sole executor and sole beneficiary of her will while in hospital. Solicitor Tim McIniry was present during discussions about the will but was not present when it was drawn up and it appears to have been drawn up by Mr Wright himself, counsel said.

When Ms Maryon brought proceedings challenging the will, Mr Wright asked the court to order her to provide security of legal costs should she lose the case as she was resident outside the jurisdiction.

After hearing an outline of the security for costs application, Mr Justice Paul Gilligan adjourned the case for hearing to next month.

Vinog Faughnan SC, with Mark O'Riordan BL, for Ms Maryon, said she argued Ms Browne did not have testamentary capacity to make the will and undue influence had been used to get her to make it.

Three cognitive tests to assess her capacity were carried out in the hospital betwen 2006 and 2008 showing she was in early stage Alzheimer’s and dementia, he said. The 2008 will was made without legal or medical advice against a background where Ms Browne had for almost five years been exhibiting signs of dementia and cognitive impairment, he added.

There were serious questions to be asked about the situation leading up to the second will and it was in the public interest the court examine the matter, he said.

Mr Justice Gilligan was told the €500,000 estimate on the Beach Road property was a “drive by” estimate by a local auctioneer as he had been unable to gain access. The judge said a full valuation should be obtained before the hearing date.