Relatives ask court to strike down businessman's will

BUSINESSMAN AND art collector Gordon Lambert forbade his nieces and nephews and extended family from visiting him in his declining years, accusing them of “hypocrisy” and failure to appreciate the care given to him by his friend Anthony Lyons, the High Court in Dundalk was told yesterday.

Mr Lambert, a former managing director of Jacob’s Biscuits, was a successful businessman and senator who in 1992 had donated 310 paintings and sculptures to the Irish Museum of Modern Art (Imma) in trust.

Among them were works by Picasso, Miro and Vasarely, and by Irish artists Patrick Collins, Barrie Cooke and Robert Ballagh.

The court heard Mr Lambert, who suffered from Parkinson’s disease, had made a series of wills throughout the 1990s and early part of this decade, gradually increasing the amount of his estate he was leaving to Mr Lyons.

Mr Lambert specifically stated he was doing this because of the “steadfast” support of Mr Lyons over 30 years as a friend, the last 10 of which were, he told his solicitors, devoted “100 per cent” to Mr Lambert’s care.

By the time Mr Lambert had made his last will in August 2003 an enduring power of attorney had been registered giving Mr Lyons control of Mr Lambert’s assets. Mr Lyons was also named as an executor of the will, was left a sum of €250,000 and was to receive the residue of Mr Lambert’s estate, after bequests to the Church of Ireland and family members.

The court was told that Mr Lambert was concerned that his estate might not have enough value to cover all his bequests and accordingly he had decreased the value of some family bequests to the level of €40,000, others were less. His principal assets at this time were in excess of half a million euro on deposit in various banks and his home, an extensive house in Rathfarnham, in south Dublin.

Mr Lambert later included a clause in his will to the effect that should any of his family members contest the will, they would no longer benefit from it.

However James Gilhooley SC, on behalf of Mark Lambert, Rathdown Park, Greystones, Co Wicklow, and June Lambert, Pembroke Lane, Dublin, yesterday asked the High Court to strike down both the will made in August 2003, as well as the condition disqualifying any beneficiary who challenged the will.

The proceedings were brought against the executors Anthony Lyons, Churchtown, Dublin; Olive Beaumont, Heytesbury Lane, Ballsbridge, Dublin, who was a trustee of the Gordon Lambert Collection and a senior curator at Imma; and Catherine Marshall, of Kevin Street, Dublin. All three reject the claims.

Mr Gilhooley told Mr Justice Roderick Murphy that the action against Ms Beaumont and Ms Marshall was solely in their capacity as executors, and no allegation of undue pressure were being made.

Mr Gilhooley told the court the family contended  their uncle was unduly influenced by Mr Lyons.

He also said Gordon Lambert had been unaware of the real value of his home. The case continues