The High Court found that a will made by Dorothy Leopold on 20 July 2004 was duly executed, despite conflicting evidence from its two witnesses about whether they were present together when it was signed. The court also confirmed that a 2010 codicil was valid and that a charitable bequest could be construed as a gift to the organisation now called Turn2Us.
The judgment, delivered by Ms Justice Pilkington on 30 November 2018, followed a hearing on issues directed for determination by consent. The court considered whether the will met the execution requirements in section 78 of the Succession Act 1965, the validity of the codicil, and the meaning of a bequest described in the will as being to “A.G.A.A.”
The deceased, who died in 2013 aged 81, had left an estate with a net value of about €200,000. The 2004 will included pecuniary gifts and divided the residue between the Society of St Vincent de Paul and a charitable body identified by initials and an address in London.
One witness, Marie Hatton, said she signed at the deceased’s home when no one else was present. Solicitor Simon Quick said he had left the house to seek a second witness, returned, read the will to the deceased, and saw her sign with Hatton present. Each maintained an account incompatible with the other’s.
The judge accepted that Hatton gave her evidence honestly and found Quick’s evidence cogent. She also noted the absence of attendance notes for the meetings concerning the will’s preparation and execution. Those shortcomings, she said, were separate from the question of whether the will had been executed properly.
The will contained a typed attestation clause stating that the testatrix signed in the presence of both witnesses, who subscribed their names in her presence and in each other’s presence. Applying the presumption of due execution to the evidence and the circumstances, the judge found on the balance of probabilities that the will was executed in accordance with section 78.
The court recorded that the parties had resolved the construction issue by agreement. The judgment said the initials “A.G.A.A.” did not identify an entity at the stated address; the organisation there was formerly the Distressed Gentle Folks Aid Association, later known as Elizabeth Finn Trust and Elizabeth Finn Care, and now called Turn2Us. The judge said the codicil’s reference to a will dated 20 April 2007 was an error and accepted that the proper date was 20 July 2004.
The court therefore found the 2004 will duly executed, the 27 August 2010 codicil valid, and the bequest capable of being construed as a gift to Turn2Us. The judgment records these determinations; it does not set out a separate order distributing the estate.