Over €500,000 taken from estate of dead man without explanation, court hears

Over €548,000 in cash has allegedly been taken without any proper explanation from the estate of a man who died last year, the High Court has heard.

Enda Gallagher says his late uncle in law Patrick Hayden had assets, namely cash held in three bank accounts, totalling €788,000 in February 2018, when he went into a nursing home.

Mr Gallagher, named as a co-beneficiary in Mr Hayden’s will, claims that during the seven months before his uncle’s death on September 13th 2018 the value of the estate was reduced to just over €240,000.

As a result, Mr Gallagher has brought High Court proceedings against Bernadette Carrick, a sister of the late Mr Hayden.

It is alleged that Ms Carrick is a joint executor of Patrick Hayden’s estate and was in March 2018 also granted a power of attorney over the deceased’s bank accounts.

Mr Gallagher claims that after she was granted power of attorney several large unexplained transfers above and beyond what was required to pay Mr Hayden’s expenses, including his nursing home costs, were paid out of the accounts.

These include transfers allegedly made last August when it is claimed a total of €146,000 was withdrawn from the accounts by way of bank drafts made payable to members of the Carrick family.

It is also alleged that in April 2018 a withdrawal of €24,000 was made from one of Mr Hayden’s accounts, also by way of bank draft in favour of Ms Carrick.

Mr Gallagher and several of the other beneficiaries of the will have sought an explanation from Ms Carrick over what was described as “a gross dissipation” of Mr Hayden’s assets.

Mr Gallagher of Balreask Gardens, Trim Road, Navan, Co Meath claims that the defendant has not given one.

13 beneficiaries

The High Court heard Mr Hayden was married to Mr Gallagher’s maternal aunt Alice.

The Haydens had lived in London for many years. Alice Hayden died in 2009, and in 2011 Mr Hayden returned to live in Co Meath, where he rented a property. The couple had no children.

In February 2018 Mr Hayden, who suffered from dementia went into a Dublin nursing home, under the Fair Deal Scheme, where he resided until his death last year.

In a 2014 will, Mr Hayden left his estate to 13 beneficiaries, who are the Hayden’s nephews and nieces, and include Ms Carrick’s children.

As a result of the alleged dissipation lawyers representing Mr Gallagher secured a temporary High Court injunction against Ms Carrick with an address at Balleally, Lusk, Co Dublin.

The injunction prevents Ms Carrick from further acting as an executor in the administration of Mr Hayden’s will, or from withdrawing any monies from her own bank or post office accounts until the action has been determined.

The injunction further prevents Ms Carrick from executing her powers of attorney over Mr Hayden’s estate, and she cannot withdraw any money from accounts held in the late Mr Hayden’s name.

The injunction was granted, on an ex-parte basis, by Mr Justice Max Barrett. The judge made the matter returnable to a date in November.

The court also made orders against Bank of Ireland where Mr Hayden's bank accounts were held, which is a notice party to the proceedings. The bank is restrained from allowing any transfer of monies from Mr Hayden's account for the use and benefit of Ms Carrick.