The High Court has upheld the 2011 will of Margaret Bradley, late of 92 Ballinteer Drive, Dundrum, after finding that she understood what she was doing despite having cognitive impairment at the time.
Ms Bradley, also known as Peggy, died in November 2017 aged 79. Her death certificate recorded dementia, prompting questions about whether she had testamentary capacity when she signed her final will on June 22, 2011.
The will named her niece Carmel Lynch as residuary beneficiary. Ms Lynch ultimately sought probate after the two sisters originally appointed as executrices, Maureen Lynch and Sheila Bradley, died.
Certain relatives raised concerns about Ms Bradley’s capacity, although no allegation of undue influence was pursued. Her GP from the relevant period had also died and contemporaneous medical records specifically assessing testamentary capacity were unavailable.
Ms Justice Eileen Roberts therefore considered the solicitor’s evidence, hospital records, the terms of the will and Ms Bradley’s earlier 2010 will.
The medical records showed cognitive difficulties. Ms Bradley was described at various points as having mild cognitive impairment, being forgetful and, later in 2011, having dementia. However, records also showed that she could communicate decisions, consented to a pacemaker procedure in December 2010 and scored 25 out of 30 on a cognitive assessment that year.
Solicitor Brendan Dillon said Ms Bradley gave clear instructions in June 2011. She initially wanted to transfer her home to Carmel during her lifetime, but after receiving legal advice decided instead to leave it to her by will. The court regarded her ability to understand and act on that advice as significant.
Applying the legal test for testamentary capacity, the court found that Ms Bradley understood she was making a will, understood the nature and extent of her assets and could identify those who might reasonably be considered as beneficiaries.
The court therefore pronounced the 2011 will valid and admitted it to probate, granting Carmel Lynch liberty to extract the grant. Costs and final ancillary orders were left for a later hearing.