Brother and sister in fight over mum's will

DAUGHTER: I was cut off over my love for separated man

Tim Healy

A MOTHER changed her will because she disapproved of her daughter's relationship with a separated man, it has been claimed in the High Court.

The daughter has brought proceedings against her brother, who was left the family home in the will, asking the court to declare she is entitled to live there for the rest of her life.

Unemployed catering assistant Maura Kelly (56) has brought the action against her only sibling, Christopher (55) over the house on Ratoath Road, Cabra West, Dublin, where she still lives.

She says her claim is based on promises made by her late mother, also Maura, and on promises made by Christopher after their mother's death that she would always be allowed to live in the house.

The court heard Christopher wanted to sell it in 2007 when it was valued at €520,000. Today, it is worth around €200,000.

Among a number of declarations Ms Kelly seeks are that Christopher, a married father of four from Talbot Court, Castleknock, Dublin, holds the property on foot of a resulting /constructive trust and/or on trust for her for the remainder of her life.


She also wants a declaration that by virtue of the monies expended by her on the house, she has a legal and beneficial interest in the property.

She is also claiming for her work and care in looking after their mother. a Moore Street trader, from 1998 to 2005, when she died after suffering from Alzheimer's.

Christopher denies her claims and says he never made any promise to let her live there for the rest of her life.

In her claim, Ms Kelly says she lived in the house with the exception of a short period in 1991/92 when she moved out and lived with a separated man.

During the course of this relationship, her mother told her that as he was a separated man, he could never live in the (Kelly) family home, but she (Maura) "could always" live there.

Ms Kelly believes that before this relationship, her mother had made an earlier will under which she believed she (daughter) was the sole beneficiary.

Ms Kelly believes the will was altered by her mother in 1992 as a result of her mother's disapproval of her relationship.

She told the court yesterday she would have nowhere to go if she had to leave the house.

The case continues.