Re: The Estate of Teresa McGoldrick [Deceased] (Approved) [2025] IEHC 750 (19 December 2025)

Re: The Estate of Teresa McGoldrick [Deceased] (Approved) [2025] IEHC 750 (19 December 2025)

The court found that, despite the deceased's diagnosis of vascular dementia and fluctuating cognitive impairment, the detailed solicitor's attendances and family evidence demonstrated that the deceased satisfied the Banks v. Goodfellow test for testamentary capacity at the time of executing the 2015 Will. The will was not influenced by delusional beliefs, and the presumption of capacity was rebutted but restored by the applicant's evidence.

Citation
[2025] IEHC 750
Parties
Applicant: Mary Durcan-Mullane; Beneficiary: Madge Durcan; Beneficiary: Damian; Beneficiary: Collette; Deceased: Estate of Teresa McGoldrick
Jurisdiction
Ireland
Judgment Date
19 December 2025
Procedural Posture
Probate / Application for Admission of Will to Probate
Outcome
Will of 29 April 2015 admitted to probate.
Legal Topics
Testamentary Capacity, Admission of Will to Probate, Banks V. Goodfellow Test, Presumption of Capacity, Impact of Dementia on Testamentary Capacity
Probate Succession Capacity Testamentary Capacity Admission of Will to Probate Banks V. Goodfellow Test Presumption of Capacity Impact of Dementia on Testamentary Capacity

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Parties

Mary Durcan-Mullane

Applicant

Madge Durcan

Beneficiary

Damian

Beneficiary

Collette

Beneficiary

Estate of Teresa McGoldrick

Deceased

Procedural Posture

Probate / Application for Admission of Will to Probate

Legal Issues

  1. 1 Whether Teresa McGoldrick had testamentary capacity on 29 April 2015 when executing her will
  2. 2 Whether the will of 29 April 2015 should be admitted to probate

Ratio Decidendi

The court found that, despite the deceased's diagnosis of vascular dementia and fluctuating cognitive impairment, the detailed solicitor's attendances and family evidence demonstrated that the deceased satisfied the Banks v. Goodfellow test for testamentary capacity at the time of executing the 2015 Will. The will was not influenced by delusional beliefs, and the presumption of capacity was rebutted but restored by the applicant's evidence.

Court Disposition

Will of 29 April 2015 admitted to probate.

Orders

  • Order admitting the Will of 29 April 2015 to probate.