Woman who left €450,000 estate had testamentary capacity despite ‘oddities’, High Court finds
The judge ruled that Josephine Maguire, who died aged 81 in 2015, had testamentary capacity when she executed her last will on March 26th, 2010. Photograph: The Irish Times
Maguire, of Aughrim Villas, North Circular Road, Dublin, was single, childless and predeceased by five siblings. The judge heard a GP, of whom Maguire was a patient from 2005 until she went into a nursing home in 2012, had said she could not certify testamentary capacity. Maguire, said the doctor, was diagnosed in March 2012 as having a delusional disorder.
She again attended her on March 26th, 2010, when Maguire executed and signed the will in the presence of Ms Lacey and Jim Moore, since deceased, who was also an executor. Ms Lacey believed Maguire was of sound mind, memory and understanding when executing the will. Ms Lacey’s affidavit made “very clear” that Maguire knew whom she wished to benefit from her estate and her phone call to the office supported that.Keith Gooden, a nephew of Maguire, who had travelled from the UK for Monday’s hearing, said his aunt had demonstrated some “odd” behaviour, including getting into her home through a window rather than the door. Although she lived with her brother, they often did not speak to each other, he said.The judge agreed there are delays in probate.
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