Millionaire leaves her brother €45k

An 80-year-old man told the High Court he felt he had won the Lotto and lost the ticket after reading his millionaire sister’s will.

Tipperary native and bachelor Joseph Dee, who worked all his life as a factory machinist in Dublin, said he had been stunned at receiving only €45,000 of the €3.5m his sister, Mary Coffey, distributed in a seven-page will.

High Court President Mr Justice Nicholas Kearns refused an application by Mr Dee to condemn his sister’s will on the alleged grounds she was not mentally capable, was extremely easily led, and had been badly advised.

“I am quite satisfied your sister was of sound mind and knew what she was doing in making the particular arrangements that she did,” Judge Kearns said. “She was very conscious of the needs of charities and she made that her priority.”

Michael Howard SC, for the executor of the will, said Ms Coffey, a former nurse, and her late husband, had built up a substantial farm at Ballinacree, Emly, Co Tipperary.

Mr Howard said Ms Coffey had sold the land at the height of the market in 2005 for a very substantial sum following her husband’s death, and avoided the main effects of the financial crisis by having the money in bank accounts.

The court heard Ms Coffey made almost 100 bequests, ranging from €100 up to €50,000 to various charities for the poor, the deaf, and the blind, and to hospices, the Samaritans, and the Helicopter Rescue Service.

She also left comparatively small amounts to religious orders.

She had left €45,000 to each of her brothers, Joseph and David, with whom she was living at the time of her death in Nov 2005 at the age of 87. David, of Barranstown Cross, Emly, was not contesting the will.

After up to 100 bequests, Ms Coffey’s estate had been left with just under €2.8m, which was to be distributed among charities as decided by her executor, a distant cousin.

Ms Coffey’s solicitor William O’Donovan said she had drawn up her own will, and he had advised her on certain matters. She had left €30,000 to each of her brothers, but she increased these bequests to €45,000 each, a tax ceiling beneficial to both of them, on his advice.

She was perfectly capable of making her will, said Mr O’Donovan.

James McMorrow, her GP, said she had never at any time shown symptoms of suffering any mental deficit.

Judge Kearns said the challenge to the will could not possibly succeed. He was satisfied Ms Coffey was of sound mind when she had signed her will in front of three witnesses.