In the estate of Bridget Gilhooly (Deceased) and Theresa McGarry and Kevin Murphy (As the personal representative of Bridget Gilhooly (Deceased))
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2021] NICh 21 |
| Date | 19 November 2021 |
| Court | Chancery Division (Northern Ireland) |
1
Neutral Citation No: [2021] NICh 21
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McB11651
ICOS No: 2015/93616
Delivered: 19/11/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
CHANCERY DIVISION
___________
IN THE ESTATE OF BRIDGET GILHOOLY (DECEASED)
Between:
THERESA McGARRY
Plaintiff
and
KEVIN MURPHY
(As the personal representative of Bridget Gilhooly (Deceased))
Defendant
___________
The Plaintiff, Theresa McGarry, appeared as a Litigant in Person
Mr Gibson (instructed by Tiernans, Solicitors) for the Defendant
___________
McBRIDE J
Application
[1] By judgment delivered on 6 November 2020 the court dismissed the plaintiff’s
application to have the deceased’s Will dated 21 September 2011 set aside on the
grounds that:
(a) The testator lacked testamentary capacity.
(b) The Will was obtained by undue influence of the defendant.
(c) The Will was a forgery.
[2] The question of costs was reserved. I am grateful to Mr Gibson who appeared
on behalf of the defendant for his skeleton arguments dated 17 November 2020 and
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