A DEVELOPER whose will is the subject of dispute by his estranged wife was “fully aware” of what he was doing the day he signed the document, his solicitor told the High Court yesterday.
Brian Rhatigan, who was 60 when he died from complications of motor neurone disease, was ill and had lost the power of speech but was fully engaged and knew exactly what he was doing, Sharon Scally, principal of Amorys Solicitors said.
She was giving evidence on the third day of a hearing in which Ms Justice Mary Laffoy is being asked to decide whether Mr Rhatigan was of sound mind when signing his will just eight months before his death in 2006.
His estranged wife, Odilla Rhatigan, Brennanstown Road, Cabinteely, Dublin, claims he was not capable of making the will and she is entitled to half his estate, part of which, she claims, has not been identified because he allegedly set up trusts to defeat her right to certain assets.
His solicitor and executor, Ms Scally, is seeking an order that the 23-page will of Mr Rhatigan on May 19th, 2005, be admitted as his last will and testament.
She also wants an order vacating a caveat to the will lodged on November 20th, 2008, on behalf of Mrs Rhatigan and their two surviving children, David Rhatigan and Odilla Gilson (née Rhatigan), both of Glendower House, Newtownpark Avenue, Blackrock, Dublin. Mr Rhatigan later had two other children with his partner, Rachel Kiely.
Mrs Rhatigan is counter-claiming her husband did not know and approve of the contents of the will, was not of sound mind and lacked testamentary capacity. When their marriage broke down, he promised her she would benefit from half of his estate on the basis that she would not pursue a legal or judicial separation, she claims.
The court heard yesterday Mr Rhatigan had extensive interests in a number of developments in Kildare, Dublin, London and Paris. His wife claims the estate is worth at least €6.7 million from Revenue figures, but yesterday his solicitor said at the time of the will she was “working off a figure of €3.5 million”.
Ms Scally said Mr Rhatigan would regularly joke to her, including when he was making his will, that all he owned was his wristwatch and a set of golf clubs.
The case continues.