The total net value of the estate was some €637,000, of which the residue had an estimated value of €434,000 at date of death. Under the will, the residue was to be divided between two sons and two daughters, Noel Falvey, Brendan Falvey, Helena Kehoe and Ann Purcell.
In an affidavit, Ms Kehoe, of Slieverue, Kilkenny, said her mother kept a copy of her will in a file box in the bedroom of her home. When she visited her mother on July 29th, 2009, her mother said she wished to make a change to the will but did not wish to engage solicitors. When she visited her mother in November 2009 and again in February, April and May 2010, her mother remained “adamant” she wished to make the changes but, despite Ms Kehoe’s urging, would not go to a solicitor’s office, she said.
He did not consider Ms Kehoe’s explanations for the use of different coloured biros to write, date and sign the codicil were “plausible” and said she failed to refer to Ms O’Loughlin being hesitant about witnessing it.
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