A NIECE and nephew of the late art collector Gordon Lambert have brought a High Court challenge to his will which left his extensive collection in trust to the Irish Museum of Modern Art (Imma).
Mr Lambert was a successful businessman and senator who left more than 300 paintings and sculptures to Imma in trust, including works by Picasso and Louis le Brocquy.
He was suffering from Parkinson's disease before he died aged 85 in January 2005. He was a bachelor with no children.
It is claimed this provision of the will was procured under undue influence and duress by one of his executors, Andrew Lyons. It is also claimed the will predominantly benefits persons unrelated to Mr Lambert and is inconsistent with his previous attitude and conduct towards his relatives.
Mark Lambert, Rathdrum Park, Greystones, Wicklow, and June Lambert, Pembroke Lane, Dublin, are asking the High Court to strike down both the will made in August 2003 by their uncle and a later addition to it, a codicil, made in May 2004.
In the proceedings, it is claimed Mr Lyons, Beaumont Avenue, Churchtown, Dublin, who also held power of attorney for Mr Lambert before he died, placed such undue pressure on him "as to sap his free will" to such an extent that Mr Lambert could not freely dispose of his assets.
The proceedings have also been brought, solely in their capacity as executors, against two other executors of the will: Olive Beaumont, Heytesbury Lane, Ballsbridge, Dublin, who was a trustee of the Gordon Lambert Collection; and a senior curator at Imma, Catherine Marshall, of Kevin Street, Dublin. No allegation of undue pressure is made against those defendants.
The case was before Ms Justice Elizabeth Dunne yesterday after Ms Beaumont and Ms Marshall applied to the court for a direction requiring the Lamberts to provide better particulars of the claims against them before they file a defence to the action which has yet to be heard.
Ms Justice Dunne refused to grant the direction and ordered that a defence be lodged within three weeks.
In their claim, the Lamberts say all three defendants were responsible for the execution of the purported will and codicil.
They say Mr Lyons was given power of attorney by Gordon Lambert in November 1997 and organised all the art collector's daily affairs including payment of household bills, nursing and cleaning staff.
They claim Mr Lyons at one point "threatened" Mr Lambert that he would resign power of attorney unless he "ceased communications with the Lambert family."
They claim that in 2002, they and other members of the family were prevented from speaking to, or calling into Mr Lambert despite his having had "a close and affectionate relationship" with his relatives.
They also claim Mr Lyons refused to allow contact between Mr Lambert, a member of the Church of Ireland, and a new vicar of his parish.
Mr Lyons, it is claimed, was so overbearing that Mr Lambert was in fear of him and Mr Lyons had abused his power of attorney position so as to apply duress and undue influence in making his will.
They say that in the weeks and days before Mr Lambert's death, Mr Lyons had indicated to June Lambert that Mr Lambert wished to replace one of the other two executors, Ms Marshall, with June. Mr Lyons was unable to do so due to the unavailability of a solicitor, they claim.
The say the High Court should investigate the matter for the benefit of the estate and in the interests of public policy that all wills should be seen to have been made without direct or implied interference.