Wednesday 28 September 2016

'Homeless for the winter' - despite €1.5m trust fund

Ray Managh

Published 24/11/2015 | 02:30

Court case: Declan Heffernan
Court case: Declan Heffernan

A man claims he faces the "bitter winter months" homeless on the city streets despite a €1.5m trust fund partly left to him by his late mother.

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Declan Heffernan said his home at 29 Kincora Road, Clontarf, Dublin 3, was badly damaged in "an unfortunate fire in January last". He says he has not had a roof over his head since.

His barrister Rudi Neuman Shanahan said the fire had left his client homeless despite his being a beneficiary of a trust valued at €1.5m.

Counsel told the judge that Mr Heffernan had found hostel accommodation for €70 a night that would tide him over. He wished to make an application to court for an interim pay-out from the trust.

The court heard the trust consisted of two houses, 29 Kincora Road and a house in Botanic Avenue, Drumcondra - currently let out, the rent of which is part of the trust fund.

Mr Neuman Shanahan also told Judge Linnane that an insurance company had already paid the trust €100,000 compensation for the fire damage to Number 29. The property remained boarded up.

Judge Linnane said there was no application before the court for a pay-out of money and a properly prepared motion would have to be brought regarding any possible direction to release funds.

The judge also said the court had been asked for an interlocutory injunction restraining Mr Heffernan from entering Number 29.

Mr Neuman Shanahan said Mr Heffernan was willing to give the court an undertaking on oath to stay away from the property, pending the outcome of proceedings involving his interest in the trust.

Barrister Dermot Francis Sheehan represented trustees Michael J. Kennedy and Carolyn Heffernan, a retired solicitor and sister of Mr Heffernan, of Castle Avenue, Clontarf.

He told the court the trustees would reply to a demand for particulars raised by Mr Heffernan's legal team - followed by an entry of a defence on Mr Heffernan's behalf.

Judge Linnane granted Mr Heffernan leave to bring an application next Friday with regard to seeking orders directing a pay-out to him. The remainder of the proceedings was put back until January next.

Irish Independent

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