Courts / Tipperary / Report
Appeal court finds man is entitled to 120 acre farm but not allowed €150k left to him in will
Summary
In a 21‑day High Court case in 2012, William Naylor, aged in his early sixties, sued his sister Jean Maher, the executrix of Michael Hoare's estate, to set aside a 2006 will that left the Derrylahan farm to Maher and €150,000 to Naylor. Naylor claimed he had worked the farm for over 30 years and that Hoare, who had married Naylor's mother in the 1980s, had promised him the land. The High Court found Naylor was entitled to the 120‑acre farm but dismissed his claim that the will was procured by duress or undue influence. Naylor was awarded 75 % of his legal costs. On appeal, the Court of Appeal upheld the land entitlement but ruled that the €150,000 bequest was a substitution for the land and ordered Naylor to execute a disclaimer of that sum. The appeal did not alter the High Court's decision on the monetary bequest.
Who, what, where, when and why
What: Report matter: Appeal court finds man is entitled to 120 acre farm but not allowed €150k left to him in will. Procedural stage: appeal
When:
- 2018-02-07 Publication
Why: Mr Naylor was entitled to 75% of his legal costs, and not all as the High Court had ruled, because he was not successful in all arguments he had raised which had take up some time at the hearing of the dispute at High Court, Mr Justice Peart added. CNI source report
Case subjects
Applicant
Places mentioned
- Court of Appeal
- High Court
Topics
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