The High Court has admitted the final will of Teresa McGoldrick of Highfield Road, Sligo, to probate after finding that she had sufficient mental capacity when she signed it in April 2015 despite significant cognitive difficulties around that period.
Ms McGoldrick died on May 11th, 2022. Her final will left her house, her principal asset, to her niece Mary Durcan-Mullane and the residue of her estate to her sister Madge, who is Ms Durcan-Mullane's mother.
The case arose because Ms McGoldrick's death certificate recorded vascular dementia and her GP declined to swear an affidavit confirming that she had testamentary capacity. Medical records showed cognitive decline from at least 2014 and significant confusion, poor short-term memory, paranoia and delusions during March 2015, shortly before the will was made.
The legal question was whether she satisfied the established test for testamentary capacity: whether she understood that she was making a will, knew the nature and extent of her property and could consider the people who might reasonably expect to benefit.
Ms Justice Siobhán Stack found the first two parts of that test were satisfied. The more difficult issue was whether Ms McGoldrick's cognitive problems and paranoid beliefs had affected her choice of beneficiaries.
The court placed particular weight on contemporaneous records made by her solicitor on April 22nd, 27th and 29th, 2015. Those records showed Ms McGoldrick giving instructions about her house, considering what should happen to any remaining money, receiving advice about tax consequences and ultimately deciding that the residue should go to Madge.
Although medical evidence raised legitimate doubts about her capacity during that period, the judge found that the solicitor's detailed notes, together with family evidence about Ms McGoldrick's ability to manage her affairs and discuss current and family matters, were sufficient to establish capacity on the balance of probabilities.
The court also found that her decision to favour Madge and Ms Durcan-Mullane was rational in light of their increasing role in helping her as she became frailer.
The April 29th, 2015 will was therefore admitted to probate.