Missing will to be carried out, High Court rules

Missing will to be carried out, High Court rules

The instructions set out in a will drafted in 1988 will be carried out despite a failure to recover the original document, a High Court judge has ruled.

Ms Justice Marie Baker said that she did not consider the late Mary McDermott’s one-page will to have been revoked, despite opposing arguments that it could have been intentionally destroyed.

Ms McDermott’s stepchildren went to court to fight for her estate, which includes a share in a Dublin house and €360,000 in a bank account.

If Ms McDermott was determined to have died intestate, the sole beneficiary would be Sarah Kennedy, Ms McDermott’s only sibling.

The dispute took place between two of the stepchildren and a court-appointed committee, in which the Chief State Solicitor acted on Ms Kennedy’s behalf.

The court heard that Ms McDermott was closer with her stepchildren, to whose father she was married for 30 years, than her sister.

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