Tuesday 17 October 2017

Son wins €315,000 from mother's will

Aodhan O'Faolain

THE High Court has ruled that a retired man is entitled to €315,000 from his late mother's estate.

In a judgment yesterday, Mr Justice Roderick Murphy made a declaration that the late Mary Boyle, who died in April 2001, had failed in her moral duty to make provision for one of her sons, Walter Boyle.

In her will, Mrs Boyle, whose husband John Boyle had passed away in 1992, left all her interest in the licensed premises at the Square, Kildare, Co Kildare, to another son, Jarlath Boyle.

That interest included shares in the company, which ran the pub business John Boyle Ltd, stock, all business debts due to her, a house, as well as the contents and furniture of the house.

Sums of £2,000 were left to her sons Joseph and Seamus, and her daughter-in-law Marie. The residue was left to her children Walter, Joseph, Seamus and Mary.

Jarlath and Seamus were appointed as executors and trustees of her will. A grant of probate was extracted in January 2012.

Arising out of the will, Walter, who has lived in the UK for many years, and his brother Joseph brought a High Court action against their siblings Jarlath and Seamus in their capacity as executors.

Walter and Joseph sought a declaration from the court that their mother had failed in her moral duty to make proper provision for each of them.

In an affidavit, Walter (66) said the effect of the will left his brother Jarlath with two homes, a well stocked business, accompanying property and the benefits from a lease with Bank of Ireland, which was part of the assets of the company.

He also claimed the residue, of which he received a quarter share, came to €12,679, while the assets of the company were worth €2.5m in 2004.

However, in 2011, the assets were valued at €630,000.

Joseph Boyle (67) said the will did not make adequate provision for him.

Opposing the application, Jarlath Boyle said his parents made provision for all their children as best they could bearing all their interests and abilities in mind.

Yesterday Mr Justice Murphy ruled that Walter Boyle should receive €315,000, which should be funded out of his brother Jarlath's share of their mother's estate.

Irish Independent

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