Galway will beneficiary investigated over alleged fraud, High Court hears
Margaret Hernon, a 91-year-old farmer who lived at Barnacranny, Bushypark, on the edge of Galway city, died on March 16th, 2017, leaving an estate once valued at €9 million and now thought to be worth about €2.5 million. More than 40 relatives have asked the High Court to set aside a 2006 will that leaves most of the estate to Peter O'Toole, a man in his 70s, who denies any wrongdoing. Gardaí investigated Mr O'Toole over alleged fraud, and the DPP decided no prosecution will take place over complaints about the 2006 will, while a decision on a separate file involving Mr O'Toole is pending. The case is before Mr Justice Cian Ferriter, and as of the May 18th, 2023 reporting the hearing is continuing.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court16 May
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- More than 40 relatives have asked the High Court to set aside a 2006 will.
- The 2006 will left €22,000 in sums to some family members, friends and the local church, with the rest going to Peter O'Toole.
- The estate was once valued at €9 million and is now thought to be worth about €2.5 million.
- Where
- The farmhouse Margaret Hernon lived in is at Barnacranny, Bushypark, on the edge of Galway city.
- When
- Margaret Hernon died aged 91 on March 16th, 2017.
- The 2006 will was said to have been made before solicitor Liam O'Gallchobhair.
- In January 2019 Peter O'Toole lodged €1.5 million for the benefit of Peter Bunker Lydon.
- Other details
- Peter Bunker Lydon claimed he was never paid for lands he sold to Peter O'Toole.
- Counsel said Peter O'Toole was convicted in the 1970s by the Special Criminal Court for possession of a gun used in a 1974 robbery.
- All the claims are denied, Peter O'Toole denies any wrongdoing, and the hearing is continuing.
- Investigation
- Gardaí investigated Peter O'Toole over alleged fraud, and he was served with a revenue bill from the Criminal Assets Bureau.
- The DPP decided no prosecution is to take place over complaints about a 2006 will purportedly made by Margaret Hernon.
- The DPP's decision is pending on another file concerning a different matter involving Mr O'Toole, arising from a complaint by Peter Bunker Lydon.
- A handwriting expert hired by the plaintiffs could not say the 2006 signature was a forgery.
- In court
- Gus Kelehan's application claims the 2006 will was procured by deceit and undue influence of Mr O'Toole, and a counterclaim seeks an order formally proving the will.
- Mr Justice Cian Ferriter was told on Tuesday (May 16th, 2023) that the evidence was heard, and a Galway-based Garda detective gave evidence on Thursday (May 18th, 2023).
23 statements extracted from the articles
- whatMore than 40 relatives have asked the High Court to set aside a will. (irishtimes.com)
- whatThe estate was once valued at €9 million and is now thought to be worth some €2.5 million. (irishtimes.com)
- whatThe 2006 will left €22,000 in sums to some family members, friends and the local church, with the rest going to Mr O'Toole. (irishtimes.com)
- whatPeter Bunker Lydon claimed he was never paid for lands he sold to Mr O'Toole. (irishtimes.com)
- whereThe farmhouse Ms Hernon lived in is at Barnacranny, Bushypark, on the edge of Galway city. (irishtimes.com)
- whenMargaret Hernon died aged 91 on March 16th, 2017. (irishtimes.com)
- whenThe will was said to have been made before solicitor Liam O'Gallchobhair in 2006. (irishtimes.com)
- whenMr O’Toole lodged €1.5 million in January 2019 for the benefit of Peter Bunker Lydon. (irishtimes.com)
- investigationA handwriting expert hired by the plaintiffs could not say the 2006 signature was a forgery. (irishtimes.com)
- investigationThe main beneficiary of the will was investigated by gardaí over alleged fraud. (irishtimes.com)
- investigationThe beneficiary was served with a revenue bill from the Criminal Assets Bureau. (irishtimes.com)
- investigationThe DPP decided that no prosecution is to take place over complaints about a 2006 will purportedly made by Margaret Hernon. (irishtimes.com)
- investigationThe DPP's decision is pending on another file concerning a different matter involving Mr O'Toole. (irishtimes.com)
- chargeGus Kelehan has brought proceedings claiming the will was procured by deceit and undue influence of Mr O'Toole. (irishtimes.com)
- courtMr Justice Cian Ferriter was told the case was heard on Tuesday. (irishtimes.com)
- courtA counterclaim seeks an order formally proving the 2006 will. (irishtimes.com)
- courtThe evidence was heard on the third day of an application by Agustus Gus Kelehan against the executor of the estate. (irishtimes.com)
- courtThe application seeks to set aside the 2006 will, and it is claimed the will was procured by deceit. (irishtimes.com)
- courtThe hearing before Mr Justice Cian Ferriter continues. (irishtimes.com)
- otherCounsel said Mr O'Toole was convicted in the 1970s before the Special Criminal Court for possession of a gun used in a 1974 robbery. (irishtimes.com)
- otherAll the claims are denied. (irishtimes.com)
- otherThe hearing is continuing. (irishtimes.com)
- otherMr O'Toole denies any wrongdoing. (irishtimes.com)
The reporting
newest first- 18 May2023Beneficiary of contested Galway farmer’s will investigated for alleged fraud, High Court told
Civil High Court application to set aside a 2006 will, with evidence from a Garda detective about a fraud investigation into the main beneficiary. The DPP has decided against prosecution on one file, and another file is pending.
suspect, Peter O'Toole, 70s, male, named, irish (judged from name)Peter O'Toolevictim, Peter Bunker Lydon, 80s, male, irish (judged from name)Peter Bunker Lydonvictim, Margaret Hernon, 91, female, irish (judged from name)Margaret Hernon - 16 May2023Farmer’s will challenged after bulk of estate left to relative with fraud convictions
Reports the High Court hearing before Mr Justice Cian Ferriter, where the claims were made and denied. Adds that the estate was once valued at €9 million and is now thought to be worth about €2.5 million, that a handwriting expert could not say the 2006 signature was a forgery, and that the hearing continues.
victim, Margaret Hernon, 91, female, irish (judged from name)Margaret Hernonsuspect, Peter O'Toole, male, named, irish (judged from name)Peter O'Toolesuspect, Liam O'Gallchobhair, male, named, irish (judged from name)Liam O'Gallchobhair