Peter Murphy v Butler & Ors (2025) IEHC 636
We are very pleased to have successfully acted for the plaintiff in a recent High Court case, Peter Murphy -v-Monica Butler (otherwise Monica Murphy), Sean Roberts, PJ Roberts, Martin Roberts, Gretta Roberts and Maurice Roberts (2025) IEHC 636, adversarial litigation between rival beneficiaries over the construction of a will of a bachelor farmer uncle who died without issue. Sinead O’ Boyle of our Litigation department advised the Plaintiff with Peter Bland SC and Helen O’ Sullivan BL. The matter was dealt with by Egan J in two modules.
The proceedings arose out of a dispute between the plaintiff and the second to fifth defendants as to how the will should be construed with the plaintiff arguing that the entirety of farmland, home and buildings comprised in a folio was devised to him. The counter position was that the bequest to the plaintiff was limited to the house and one part of the lands (in a specific townland) with the balance lands falling into the residue to be divided between nine residuary legatees.
Egan J’s first judgment (module 1) determined that there was an ambiguity on the face of the will. As the will was not clear, Egan J determined that extrinsic evidence could be admitted in accordance with Section 90 of the Succession Act 1965. Section 90 provides that extrinsic evidence shall be admissible to show the intention of a testator and to assist in the construction of the will. The court also admitted certain items of armchair evidence.
In module 2, the Court accepted that the extrinsic evidence of the testimony and memorandum of the solicitor who drafted the will was admissible under section 90 and established on the balance of probabilities that the deceased’s intention was to devise all his farm including dwelling house and farm buildings to the plaintiff.
The judgment is an interesting read for practitioners involved in probate related litigation.
For full details of the judgment, see link below:
Please contact Sinead O’ Boyle, Litigation, of Denis McSweeney Solicitors LLP for assistance.
