HSE pursuing dead man’s estate for some €64,000 allegedly owed in nursing home fees

The HSE is pursuing a deceased man’s estate in an attempt to recover some €64,000 allegedly owed by him in nursing home fees, the High Court has heard.

The application was among more than a dozen dealt with by Ms Justice Eileen Roberts on the court’s probate list on Monday.

Catherine Duggan SC, for the HSE, said her client did not know if the man had died testate or otherwise. There appeared to be assets in the man’s estate including a property jointly owned by him and his brother, counsel said.

The HSE previously secured a limited grant appointing an administrator to take proceedings aimed at recovering the fees, Ms Duggan said.

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The deceased’s brother was to be allowed take over the defence of the case if he wished but had not applied to do so, she said. No defence was delivered and the HSE was seeking judgment in default of defence.

Counsel said it seemed the man’s brother may stay on in the property and the HSE may need to take proceedings, but it can take no further steps without a full grant of administration.

Ms Justice Roberts said there was “probably every chance the matter will end up in further difficulties”.

Saying she was satisfied the man’s brother had been given every opportunity but had not appeared, the judge made the order permitting the taking out of a full grant of administration.

In a separate case, the judge agreed to issue a limited grant of administration to a widower concerning the estate of his wife. The court was told the deceased made a will in early 2017 and died in October 2018. In the period between the making of the will and her death, the family home was sold.

The applicant widower did not know who did that and wanted the sale transaction voided, the judge heard.

In another case, Ms Justice Roberts granted an application by barrister Martin Canny, instructed by solicitor Seamus Taaffe, to prove a copy will, dated May 8th, 1990, of Patrick Joseph Murphy, with an address at Ashville, Athy, Co Kildare, who died in August 2005.

Mr Canny said this was a standard will in which Mr Murphy left his estate to his wife, Margarete Murphy, who outlived him by 12 years and died in 2017.

Counsel was representing Anna-Maria Byrne, a daughter of the deceased who, with the consent of her three siblings, made the application to prove the copy will.

In an affidavit, Ms Byrne, who with her late mother was joint executrix of her father’s estate, said she believed her father had mistakenly thrown out the original will document.

She believed that when he gave her a will document, prepared by his UK solicitors and which he had kept in a deeds’ safe, he had believed he was giving her the original when it was a photocopy.

On foot of the evidence, Ms Justice Roberts was satisfied to make an order permitting Ms Byrne to apply for a grant of probate on foot of the copy will.