The High Court admitted Margaret Stella O’Reilly’s will dated 3 July 2012 to probate in common form, finding that she had testamentary capacity when she made it. The ex tempore judgment was delivered by Ms Justice Roberts on 21 November 2022 in an application by the executors named in the will.
The court considered whether Ms O’Reilly, who died in January 2018, understood the will and its effect when she signed it. She was 80 at the time. The judgment noted that dementia and cognitive impairment were later recorded as causes of death, and that medical evidence indicated she had dementia and depression around the time the will was made.
The medical evidence did not establish that she lacked testamentary capacity on 3 July 2012. Her GP and consultant could not provide an opinion on her capacity on that date. A treating doctor’s notes from 11 July recorded cognitive impairment probably due to dementia and depression, while nursing-home notes described intermittent confusion and low mood. The court noted there was no record indicating that Ms O’Reilly was confused or unable to understand matters on the day she made her will.
The court also considered affidavits from her solicitor, Tom Simpson, and a trainee solicitor who witnessed the will. Mr Simpson had known Ms O’Reilly for decades, met her at the nursing home on at least three occasions and took her instructions over about two months. The trainee solicitor said Mr Simpson read the will to her before she signed, and that she appeared to understand it. The court found the will had been duly executed.
The 2012 will broadly resembled an earlier will from 2008 but reflected changes, including the death of Ms O’Reilly’s sister. It left her apartment to Peadar Murray, one of the executors, and his wife Teresa as joint tenants. The Murray children, who had been left €10,000 each under the 2008 will, were not beneficiaries under the 2012 will. They consented to the probate application. The judgment said no beneficiary or other party challenged Ms O’Reilly’s capacity.
Applying the three-part test in *Banks v. Goodfellow*, the court was satisfied that Ms O’Reilly understood she was making a will, understood the nature and extent of her estate, and could consider who might benefit from it. The court ordered that the 2012 will be admitted to probate and gave either executor liberty to apply for and extract a grant of probate. The costs of and incidental to the application were deemed costs in the administration of the estate.