Woman wins €30,000 in dispute over her mother’s will

A woman is entitled to a €30,000 payment from her brother arising out of a dispute over their mother's will, the High Court has ruled.

Helen Shaughnessy of Hacketstown, Co Carlow, sued Terence Shaughnessy of Seskinryan, Bagenalstown, Co Carlow, alleging he breached his duty as executor of the will of their widowed mother, Helen senior, who died in September 2007.

She claimed his failure to take steps to have the will admitted to probate resulted in financial loss because she was unable to avail of stronger property prices soon after the death of her mother and sell a site left to her.

He refused to complete his duty as executor because of reservations he had about his mother’s will, particularly because his mother only bequeathed a life interest in the family farm worked by him, rather than leaving it to him.

Mr Justice Paul Gilligan said the half-acre site left to the sister at Seskinryan was valued at about €90,000 at the time of the mother's death.

Price decreases

Allowing for subsequent property price decreases, the judge estimated it could have been sold within a reasonable period of time after the death for €50,000-€60,000. He therefore assessed Ms Shaughnessy’s loss at €30,000.

The judge rejected claims that certain medical complaints of Ms Shaughnessy could be linked to her brother’s actions.

There had been nothing stopping her completing the administration of the estate since 2012 when agreement was reached lifting the brother’s legal block on Ms Shaughnessy and her two sisters being executors of the will, he said.

Earlier, the judge said there was no doubt the mother executed “an unusual last will and testament”.

She left cash of about €20,000 each to the three daughters as well as a half-acre site for each at Seskinryan. She also left her own home at Seskinryan to the three sisters.

Mr Shaughnessy had already built his own home on a site adjoining his mother’s home.

The mother directed Mr Shaughnessy was to pay €3,500 to his sister Helen if she married.

She left all her stock and machinery to Mr Shaughnessy for his own use and bequeathed the land and farm buildings to him “for the term of his natural life”.

The judge said among the difficulties which arose after her death was that Mr Shaughnessy, having farmed the lands since he was a child, maintained he had a very difficult life and had not got much out of the farm.

He could not understand how his mother could not have simply bequeathed the farm in full to him so he could then pass it on to his wife or someone else, the judge said.