“Eccentricity is not incapacity,” said a High Court judge when admitting to probate the will of an elderly woman whose estate is valued at about €450,000.
Ms Justice Siobhán Stack ruled Josephine Maguire, who died aged 81 in 2015, had testamentary capacity when she executed her last will on March 26th, 2010.
Maguire, of Aughrim Villas, North Circular Road, Dublin, was single, childless and predeceased by five siblings.
She is survived by six nieces and one nephew. The beneficiaries in her will include some of her nieces while non-family beneficiaries include religious charities, neighbours and her home help.
Chris Murphy emerges as a clear voice for Democrats countering Trump
Loneliness: ‘I usually say I’m fine, but the reality is, most days, I’m at home by myself with my memories’
SSE Airtricity misread Anne’s meter, overcharged her by thousands and won’t refund her
Newlyweds land job as caretakers of Great Blasket Island
On Monday, the judge was asked by barrister Lydia Bunni, for Noreen Fitzgibbon, executor of the estate, to make directions on whether to admit the will to probate.
The application arose in circumstances of conflicting evidence about Maguire’s testamentary capacity, whose death certificate stated she had end-stage dementia, and objections by some family members.
The judge heard a GP, of whom Maguire was a patient from 2005 until she went into a nursing home in 2012, had said she could not certify testamentary capacity. Maguire, said the doctor, was diagnosed in March 2012 as having a delusional disorder.
A since retired principal in a law firm, Elizabeth Lacey, had provided an affidavit stating she had dealt with Maguire from 2008 concerning the estate of her brother.
Ms Lacey said Maguire mentioned to her a few times she wished to make a will and she attended Maguire on March 9th, 2010, to take instructions concerning her will.
She again attended her on March 26th, 2010, when Maguire executed and signed the will in the presence of Ms Lacey and Jim Moore, since deceased, who was also an executor. Ms Lacey believed Maguire was of sound mind, memory and understanding when executing the will.
The court heard a secretary in Ms Lacey’s office had said Maguire had contacted the office following Ms Lacey’s attendance on her on March 9th, 2010, seeking to make two changes to her will. Those were to include the forename of a priest and to reduce a legacy for one beneficiary by €5,000.
Having considered that and other evidence, including medical files related to the deceased, the judge said while the evidence suggested Maguire had suffered certain delusions, that did not mean she was lacking in capacity.
Ms Lacey’s affidavit made “very clear” that Maguire knew whom she wished to benefit from her estate and her phone call to the office supported that.
Maguire seemed to be religious and left money to religious charities, she noted.
Keith Gooden, a nephew of Maguire, who had travelled from the UK for Monday’s hearing, said his aunt had demonstrated some “odd” behaviour, including getting into her home through a window rather than the door. Although she lived with her brother, they often did not speak to each other, he said.
Mr Gooden queried why it took so long to get to the probate stage in this case.
The judge agreed there are delays in probate. The case came before the court last August and was adjourned for reasons including to put family members on notice, she said.
In her ruling admitting the will to probate, the judge said while Maguire displayed “oddities”, she believed Maguire knew she was making a will and whom she wanted to benefit.
“Eccentricity is not incapacity and not talking to a sibling that you live with is not evidence of incapacity,” she said.
There was medical evidence that Maguire suffered certain delusions but she could still have testamentary capacity despite those, she said. It was “well established” that capacity depends on the specific task.
