H. (E.) v. O'C (P. E.) & Ors

The late Mrs. AH died testate in 2004. She was predeceased by her husband Mr. DH, who died intestate in 1994. At paragraph 8 of the affidavit of Mr. OC solicitor, the sole executor by the last will and testament of Mrs. AH, sworn in these proceedings, it is stated that after the death of Mr. DH the late Mrs. AH had assumed sole possession and ownership of all the assets of Mr. DH.

The Plaintiff and her brother DH gave evidence that all of the children of Mrs. AH and Mr. DH had executed waivers in favour of their mother, though, the Plaintiff asserted, she had done so under duress from her late mother and without having had any legal advice.

At the hearing of this case before me it was agreed that the total net value of the estate of the late Mrs. AH was �2,422,289, and that her debts and funeral expenses amount to �22,320.65. At the conclusion of the Plaintiff's evidence-in-chief it was conceded by the Defendants, through their senior counsel, that the late Mrs. AH had failed in her moral duty to make proper provision for the Plaintiff in accordance with her means, either by the terms of her said last will and testament or otherwise.

The Plaintiff EH was born in 1976. She received primary and second level education. She told the Court that she had done well in the Junior Certificate examination but did not achieve a pass level at the Leaving Certificate examination. She told the Court, and I have no reason to doubt her evidence in this regard, that this was because she was distraught following the recent death of her father, with whom she had a close and affectionate relationship.

The Plaintiff stated that her ambition had been to become a nurse, but she had been frustrated in this ambition by her lack of success in the Leaving Certificate examination. She told the Court that she had helped in the family shop from the age of 8 years of age onwards. The Plaintiff has therefore no academic or professional qualifications and no marketable skills, other than as a salesperson in a general convenience store, but with no accounts, stocktaking or ordering skills or experience.