Friday 23 March 2018

Brothers fail in court bid to block pay-out to dead sister’s husband

The High Court in Dublin
The High Court in Dublin

Ray Managh and Aodhan O’Faolain

TWO brothers have failed in a court bid to block a €1.3m life insurance bequest to the widowed husband of their dead sister.

John and Paul Cullinan had asked the High Court for injunctions preventing their brother-in-law, Brendan Keogh, from dissipating the proceeds of the policy.

After throwing out their legal challenge to their sister Geraldine’s will, Ms Justice Mary Laffoy suggested that the parties would be well advised to consider an alternative dispute resolution mechanism to avoid further  expensive litigation.

The brothers told the court they were joint directors with their late sister “Ger” in Mycold Ltd., an industrial refrigeration company, of Kilcoole, Co Wicklow.  Together they had set up a company, Renmore Partnership, to invest in property and provide pensions for the three of them.

They had taken out life insurance policies and claimed any policy proceeds were to be used to buy out the deceased’s share in the partnership.

Their sister had died in October 2011 and the €1.3m had been paid out to her estate the sole beneficiary of which was her widower, Mr Keogh from Ashford, Co Wicklow.

Judge Laffoy, dismissing the brothers’ application for injunctions, said there were no grounds for believing the money would not be available should the Cullinan brothers eventually win their case at the full hearing of their claim.

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