A doctor who had attended a Co Louth mother who made a will leaving her estate to her daughter with Down's syndrome and nothing to her other daughter told the High Court yesterday he believed the mother had suffered from chronic anxiety.
Ms Genia de Souza-Wearen of Duleek House, Duleek, Co Meath, is contesting the will of her late mother, Ms Maura de Souza, who died on April 22nd, 1999.
Under the terms of the will, the estate was bequeathed to Ms Shaheen de Souza for her lifetime and the remainder to a person named as her guardian, a relative living in England.
Ms Genia de Souza-Wearen is challenging the validity of the will on the basis that her mother had been in a very agitated state when she attended at a Drogheda solicitor's offices on January 30th, 1998. The solicitor has told the court the late Mrs de Souza had asked the will to be drawn up immediately and had claimed she believed her life was in danger.
Evidence was given on behalf of Ms de Souza-Wearen that her late mother became increasingly paranoid and believed persons were conspiring against her.
The solicitor who drew up the will, Mr Donal Branigan, has told the court that, in retrospective assessment of the situation, the late Mrs de Souza was not enamoured with Genia's husband and Genia had been left out because of her husband. The couple have since separated.The executor of the will, Ms Tessa Gannon, a niece of the late Mrs de Souza, is named as Ms Shaheen de Souza's guardian in the will.
Yesterday Dr James Hayes, a Navan GP, told Mr Justice Smyth the late Mrs de Souza had a mild form of Parkinson's disease but did not suffer from Alzheimer's disease. He believed she suffered from chronic anxiety and her compliance with taking medication was seriously in doubt.
Cross-examined by Mr Brian Spierin SC, for Ms de Souza-Wearen, Dr Hayes said that from his experience he believed the late Mrs de Souza had not been clinically of unsound mind.
Ms Tessa Gannon said the late Mrs de Souza had dedicated her life to Shaheen and had concerns of an older parent that the child would outlive her. The will seemed to have split the family down the middle like the Red Sea.
Ms Gannon said the late Mrs de Souza had told her of the making of the will and of leaving Ms Gannon "in charge". Mrs de Souza had said she had left Genia some land. Ms Gannon said she regretted she did not have more conversation with the late Mrs de Souza about the will but she had felt uncomfortable and embarrassed at the time.
She was not even sure that the late Mrs de Souza was telling her the truth. She believed the late Mrs de Souza was under a lot of pressure at the time. There was "a bit of an atmosphere" in the house, Ms Gannon said.
Mrs de Souza had visited her in England and it was like Mrs de Souza had come from a war zone, she said.
The terms of the will were harsh on Genia but it had been the late Mrs de Souza's way of making absolutely sure Shaheen would be looked after.
The hearing continues today.