AN 80-YEAR-OLD widow has claimed before the High Court she handed over her life savings of €124,000 under duress to neighbours after they drove her from a nursing home to her bank when she was ill, frail and confused.
When Mary Bourke recovered, she had no memory of what had happened, it was also alleged yesterday.
In High Court proceedings, she claims George and Pauline O’Donnell, Shannon Park, Portumna, Galway, influenced her to enter into an improvident and unreasonable transaction knowing she was frail, ill, confused and of advanced years.
It is also claimed her bank, Bank of Ireland, caused or permitted her to enter into an unconscionable and improvident transaction and permitted her to divest herself of her life savings to a party who was unrelated to her.
Both the couple and the bank deny the claims.
The court was told Ms Bourke had lived at the Bridge, Portumna, about a mile from the O’Donnells, who looked after her home after she was admitted to hospital in early 2007 and later to a nursing home.
Ms Bourke, who has no children, is seeking a declaration the three defendants held and hold the €124,000, mostly made up of an investment policy, as trustees on her behalf. She also wants a declaration she was induced to make over a bank draft for that sum to Mr O’Donnell by undue influence and negligence of the defendants.
She wants orders requiring the defendants to execute all documents necessary to re-transfer the money to her, along with interest and damages for alleged negligence and breach of duty. Ms Bourke is also seeking an injunction restraining the O’Donnells from reducing their assets below €150,000.
In her statement of claim, Ms Bourke said the O’Donnells were her neighbours prior to her admission to hospital and later to Portumna Retirement Village nursing home. They had the keys to her house, looked after her mail, had her pension book and collected her pension, she said.
She claims, on December 6th, 2007, Mr and Mrs O’Donnell signed her out of the nursing home and drove her to Portumna Bank of Ireland. At the bank a draft was prepared and handed over to Mr O’Donnell which was later converted for the couple’s own use and benefit, she claims.
She says there was a complete absence of consideration by the bank and an absence of independent legal advice. The bank ought to have known the “unnatural and unreasonable” nature of the transaction and had failed to establish she was in possession of all her faculties and capable of entering into such a transaction, it is claimed.
The bank should have put Mr O’Donnell “on enquiry” as to why a draft for the money was needed when the O’Donnells allegedly maintained an account at the same branch, it is claimed.
It is alleged the bank knew well Ms Bourke required the assistance of the O’Donnells and it was its duty to exercise all reasonable care to ensure she would not enter into an improvident transaction.
The case, before Mr Justice John Hedigan, is expected to conclude today.
