A Drogheda solicitor told the High Court yesterday he had drawn up an "emergency" will for a woman, who has since died, after she came to his office in 1998 claiming she felt her life was in danger.
Mr Donal Branigan, of Donal Branigan and Company, gave evidence in proceedings by Ms Genia de Souza-Wearen, Duleek House, Duleek, Co Meath, who is contesting a will made by her late mother, Mrs Maura de Souza, who died on April 22nd, 1999.
Yesterday, Mr Branigan told Mr Justice Smyth that Ms Genia de Souza-Wearen was left out of the will and the estate went to her sister and only sibling, Ms Shaneen de Souza, who was born with Down's syndrome.
Ms de Souza-Wearen is challenging the will on the basis that her mother had been in a very agitated state when she attended at Mr Branigan's offices on January 30th, 1998. In evidence, the plaintiff said her mother was diagnosed in 1998 as having Parkinson's disease and being clinically depressed.
In her statement of claim, Ms de Souza-Wearen alleged that, from the mid 1980s, her late mother became increasingly paranoid and believed everyone, including the plaintiff and other family members living at Duleek House, were conspiring against her. On one occasion she had accused Ms de Souza-Wearen's husband of trying to kill her.
The statement of claim has alleged that the late Mrs de Souza feared the Provisional IRA was using Duleek House as a safe house, that the house was bugged and the TV aerial was being used to pick up signals from the house. She also believed her car was being tampered with, the brakes removed, the wheels loosened and the car keys tampered with.
The executors of the will deny Ms de Souza-Wearen's claims.
Mr Branigan said the late Mrs de Souza was "well presented and well reasoned" when she asked him to draw up a will immediately. If she had appeared to be of questionable capacity to make a will, then he could have refused her request.
Cross examined by Mr James Dwyer SC, for the executors, Mr Branigan said he was not aware Mrs de Souza was suffering from Parkinson's disease, or depression, or that she had been diagnosed with Alzheimer's disease, but if there was medical evidence to that effect he would have to accept it. She was adamant that the will be drawn up on the day of her visit, he said.
Mr Dwyer asked if the late Mrs de Souza could be described as "presenting normal" while claiming that people were trying to kill her? Mr Branigan said he thought it odd but that did not prevent him proceeding further. Mr Dwyer said it was something more than odd and Mr Branigan replied he had not taken seriously the claim by Mrs de Souza. She had dismissed abruptly his suggestion that she should contact the gardaí.
Mr Branigan said his retrospective assessment was that the late Mrs de Souza was not enamoured with her daughter's husband (the couple have since separated) and that Ms de Souza-Wearen was left out of the will because of her husband. He agreed that, in her will, the late Mrs de Souza was appointing a lady in England to be guardian of Ms Shaneen de Souza. He had twice mentioned to Mrs de Souza that Genia was being left out of the will.
The hearing continues today.