Bachelor farmer did have capacity to make will leaving land to nephew, judge rules
A bachelor farmer had capacity and was not subject to undue influence when he made a will leaving his entire holding to one of his nephews, the High Court ruled.
Mr Justice Charles Meenan overturned a Circuit Court finding that Michael Buckley (76), who had a 54-acre farm at Caim, Enniscorthy, Co Wexford, was not of sound disposing mind when making the will. The farm was left to Richard Cooper Junior (40), son of Sheila Cooper, Michael's sister.
Mr Buckley made the will in his hospital bed five days before he died on March 20, 2011.
Four other siblings of Michael Buckley - Teresa Doyle and Joseph, William and Elizabeth Buckley - sued Richard Cooper Junior claiming their brother lacked the required mental capacity to properly and legally dispose of his property.
The court was told Michael's health began to deteriorate towards the end of 2010 and by early 2011 it was clear he was terminally ill with cancer.
Mr Justice Meenan said that after he was hospitalised, his sister Sheila took on the bulk of the responsibility of ensuring he had all his necessities, along with her husband Dick Cooper.
The judge said there was evidence given of a physical fight between Michael and Richard junior - which the nephew strongly denied ever happened - sometime before Michael got sick.
"While the disagreement, whatever precisely it may have been, may have reached the point of a physical confrontation with the deceased, I cannot see that such would be a basis for making a claim of undue influence," he said.