A woman whose father left a will under which she will get €5,000 out of his €610,000 estate has argued before the High Court he lacked capacity to make that or any other will.
Bernard Dooley, who had separated from his wife in the 1970s, died aged 76 in May 2017. Under a will of June 15th, 2015, he left the bulk of his estate to his partner of some 36 years, Moira Murphy, and €5,000 each to his five adult children, Ms Justice Siobhán Stack heard.
One of the five, Siobhán Fahey, said her father had a “Jekyll and Hyde” personality, and had shown violent behaviour over years to her and her siblings. He “never wanted me from the time I was born” and “tried to drown me”, she told the court.
In his will, Mr Dooley, left a three-quarters share of his property at Fernhills Road, Manor Estate, Terenure, Dublin, to Ms Murphy, of Wallace Road, Walkinstown, who died in June 2019, and a quarter share to his brother Fr Desmond Dooley, of Balydoyle church, Co Dublin, who died last May.
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The Terenure property had been the family home of Bernard Dooley and he had bought out the shares of his siblings, but had deferred paying Fr Dooley his share.
The residue of the estate, apart from sums of €5,000 each to the five children, Mr Dooley’s brother Noel and two friends and small bequests to other family members, was left to Ms Murphy.
Ms Justice Stack noted it is open to the adult children to bring proceedings under section 117 of the Succession Act to argue their father failed in his moral duty to make proper provision for them.
Michael Hourican SC, for four of the children – Brenda Dooley, of Elm Mount Park, Beaumont, Dublin 9, Diarmuid Dooley and Mark Dooley, both with addresses care of Elm Mount Park, and Gearóid Dooley, with an address in Roseland, New South Wales, Australia - said they intend to do so.
Prior to any such proceedings, the judge heard an application on Monday for the court to prove the June 15th, 2015 will of Bernard Dooley.
The application, moved by barrister Sarah Kearney on behalf of Richard Murphy, a nephew of Moira Murphy, as the sole surviving executor of Mr Dooley’s estate, arose because Mr Dooley’s death certificate included a reference to dementia as a cause of death.
He was diagnosed with mixed dementia in September 2014, and the issue of capacity arose because his GP refused to certify he had capacity to make the June 2015 will in light of that diagnosis, and because she had not personally assessed his capacity at the time.
The judge heard that Richard Murphy, who knew Mr Dooley over years, was firmly of the view he had capacity. A solicitor who acted for Mr Dooley in relation to three wills, the last on June 15th, 2015, had assessed him as of sound mind, memory and understanding, Ms Kearney also outlined.
The application was opposed by Ms Fahey, who argued her father lacked capacity to make any will but it was supported by Mr Hourican, on behalf of her four siblings.
There was a “complex family dynamic”, Mr Hourican said. Bernard Dooley, after separating from his wife in the 1970s, distributed their family home with her consent. The children were largely estranged from Mr Dooley and did not dispute there were “certain issues” with him.
His clients “don’t like the will, and it would suit them for it to fall”, but they believe the evidence before the court favours capacity and the content of the will is best addressed in proceedings under section 117, counsel said.
The positive evidence of the solicitor who prepared Mr Dooley’s will and the absence of medical evidence that he lacked testamentary capacity was supportive of this application, he submitted.
Ms Fahey, of Kilgoggan, Nurney, Co Kildare, representing herself, said her father exhibited many instances over years of bizarre and unpredictable behaviour. She referred to the mixed dementia diagnosis of September 2014, said his gun licence was revoked in late 2014 over bizarre behaviour, and he was very angry when his driving licence was not renewed.
He had demonstrated “a lot of mad behaviour to me” and she had “a horrific life stemming from all of this”, she said. Ms Murphy kept her father “isolated” from his family, she added.
In reply to the judge, Ms Fahey said she is aware she can bring a section 117 application but considered she should not have to. She has no relationship with her siblings, she added.
Ms Justice Stack, who described some of Ms Fahey’s evidence as distressing, reserved her decision to a later date.
