A widow has settled for an undisclosed sum her action against a solicitor for his alleged negligence concerning the preparation of a will which allegedly resulted in her losing a farm valued at about €1 million.
Kathleen Healy of Slievecorragh, Hollywood, Co Wicklow, sued as the widow of her husband James Healy - a brother of Michael Joseph Healy of Toor, Hollywood, Co Wicklow. She claimed Michael had made a will leaving his farm to her late husband but, because of the alleged negligence of the solicitor, that did not happen.
The action was taken against Charles E Coonan, practising under the title of Charles E Coonan Solicitors, South Main Street, Naas, Co Kildare.
Mrs Healy claimed the late Michael Joseph Healy retained Mr Coonan on May 5th, 2003, in relation to the drawing up and execution of his last will and testament.
She claimed Michael Healy attended the solicitor's office on or about February 23rd, 1995, and various amendments were made to the will.
It was submitted that the deceased (Michael Joseph) advised Mrs Healy, her husband and her daughters that he had made his will with Mr Coonan. She was informed her husband James was the intended beneficiary of the estate.
Michael Healy died on May 5th, 2003, after which Mr Coonan indicated to Mrs Healy and her daughters that he could not locate the will.
Her brother-in-law's intentions were not fulfilled through the negligence of Mr Coonan, his servants or agents, in failing to procure the execution of a valid will, she claimed.
Mrs Healy's husband (James) died on May 13th, 2003, she said. On May 16th, 2003, Mr Coonan called a meeting of family members, she said. She claimed he had advised all present that Michael Joseph Healy had died intestate - not having signed his will.
Mr Coonan had suggested that a grant of administration would be taken out by him and the farm sold and divided into five parts.
Mr Coonan denied the claims. He denied he wrote to Michael Joseph Healy on February 15th, 1995, requesting Mrs Healy's husband to make an appointment to see him as alleged. He also denied Michael Joseph Healy subsequently called to his office on or about February 23rd, 1995, as alleged or that he directed changes to a will prepared by Mr Coonan.
On the second day of the hearing yesterday, after talks between the sides, Patrick Keane SC, for Mrs Healy, said there had been a settlement and the proceedings could be struck out with costs to the plaintiff.
Mr Justice Diarmuid O'Donovan said it was a difficult case to resolve.