A CO TIPPERARY man has sued his sister in High Court proceedings aimed at overturning the will of a man he claims was his father.
William Naylor, otherwise Hoare, claims he had worked a 120-acre farm belonging to the late Michael Hoare for more than 40 years and was promised that farm.
He has disputed a will purportedly executed by Mr Hoare (82) some months before his death in 2007 bequeathing the lands to his stepdaughter Jean Maher, who had cared for him in the latter years of his life.
Mr Naylor (56), Lelagh, Rathcabin, Roscrea, Co Tipperary, has brought his proceedings against Ms Maher (58), Townsend Street, Birr, Co Offaly.
It is claimed scientific evidence and anecdotal evidence will show that Mr Hoare, who married Mr Naylor’s mother in the 1980s, was Mr Naylor’s father.
A man named on his birth cert as his father, Oliver Naylor, had moved to England in the 1950s, Mr Naylor claims. He had no memory of him apart from when he was brought back to Birr for burial following his death in 1977, he said.
Mr Naylor’s mother, Eileen, had a relationship with Mr Hoare over a long number of years, it is claimed. She died in 2001.
Mr Naylor claims he left school at a very early age and worked the farm with Mr Hoare.
From as early as the 1970s, Mr Hoare promised him he would leave him the land. A previous will executed by Mr Hoare in 2005 had left the lands to Mr Naylor, it is claimed.
In the action, which opened yesterday before Mr Justice Daniel O’Keeffe and is expected to last some weeks, Mr Naylor is seeking an order setting aside the November 2006 will and a declaration he is the son of the late Michael Hoare, Military Road, Birr.
He claims the will was not executed in the accordance with the provisions of the Succession Act.
In the will, Mr Naylor was left €150,000 while the defendant, who was named executrix of the will, was left a 120-acre farm at Walshpark outside Birr.
Mr Naylor claims Mr Hoare suffered from health conditions prior to his death and was not of sound mind when the will was executed. He also alleges undue influence on Mr Hoare by Ms Maher.
Ms Maher denies all the claims against her and, in a counterclaim, is seeking an order declaring Mr Hoare’s will of November 2006 to be his true and original last will and testament.
She also wants orders requiring Mr Naylor to vacate the property and deliver up possession of those lands to her.