Wednesday 28 September 2016

Homeless man who shares €1.5m trust with sister wants part payment

By Ray Managh

Published 08/02/2016 | 15:57

Declan Heffernan, formerly of Kincora Avenue, Clontarf, at court recently Photo: Courtpix
Declan Heffernan, formerly of Kincora Avenue, Clontarf, at court recently Photo: Courtpix

A HOMELESS man, who shares a €1.5million trust fund with his sister, is to ask a judge to make him a part payment of €4,500 to “keep a roof over his head” pending a trial to determine his full entitlement.

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Barrister Paul Howard told Judge Jacqueline Linnane in the Circuit Civil Court today (Mon) that she had earlier directed that €4,500 be paid to Declan Heffernan to provide him with shelter during the cold spell over Christmas and New Year.

Mr Howard, who appeared for Heffernan with solicitors CN Doherty and Co., said the earlier payment had been used to pay hotel accommodation for him but that money had run out.

He said solicitor Colm Doherty was currently paying Mr Heffernan’s hotel bill out of his own pocket until a further pay-out could be released by the court.

Mr Howard sought short service of notice on the trustees, Michael J Kennedy, solicitor, and Carolyn Heffernan, a retired solicitor and sister of Mr Heffernan, of Castle Avenue, Clontarf, for direction of a further pay-out.

Judge Linnane put the matter in for Thursday next, February 11, and suggested that Mr Doherty ask the trustees to agree to periodic pay-outs in order to keep down legal costs while all issues were set down for trial.

The court heard that the €1.5million trust fund, consisting of the value of two properties, was left by their late mother between Heffernan and his sister Carolyn and may yet be wound up by consent.

Mr Heffernan’s former home at Kincora Road, Clontarf, Dublin, was badly damaged by fire and until just before Christmas he had been sleeping in an outhouse attached to the property.

Judge Linnane was told that an insurance company had paid the trustees €100,000 compensation following the fire but the house had not been made habitable since.  The second property was being rented out by the trust.

The judge said that if the trustees agreed to periodic payments to Mr Heffernan through his solicitor there may be no need to proceed with Thursday’s application and further legal costs could be kept to a minimum.

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