The High Court has ruled that a Skerries woman’s 2021 Irish will did not revoke an earlier Portuguese will governing a family holiday apartment worth about €450,000.
Dolores Ferguson, of Holmpatrick, Skerries, died in January 2023. Her Portuguese will, made in 2005, left her Portuguese estate equally to her four children, John, Paul, Lisa and Fiona.
Her later Irish will left the family home in Skerries, valued at about €1.4 million, to John, subject to payments totalling €505,000 to other family members and a friend. It also contained a standard clause revoking all earlier wills and a residuary clause leaving property wherever situated to John.
On its face, that wording would have revoked the Portuguese will and caused the apartment to pass to John. All four children, however, maintained that this was not their mother’s intention.
Ms Justice Siobhán Stack said a general revocation clause in a professionally prepared will is strong evidence of intention and should not lightly be displaced. Clear and unequivocal evidence was therefore required.
The court examined Mrs Ferguson’s consultations with her solicitor in July and August 2021. The Portuguese apartment was mentioned, including as a possible source of funds to meet tax arising from John inheriting the Skerries house, but Mrs Ferguson never told the solicitor about the Portuguese will or expressly instructed that the apartment should pass to John.
The decisive evidence came from later family conversations. Paul Ferguson said his mother stated in February and September 2022 that the Portuguese apartment was to remain shared equally among the four children. The judge accepted that evidence, supported by statements involving Lisa and John.
The court concluded that Mrs Ferguson understood her Irish will as dealing with her Irish estate only and believed the Portuguese will remained effective.
A declaration will therefore issue that the 2021 Irish will did not revoke the 2005 Portuguese will.