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High Court judge told to consider lotto winner's will

A High Court judge was asked to consider the instructions that a deceased woman outlined within her will at the High Court yesterday. The deceased woman won €450,000 in the lotto in January 2006 and had stated within her will that the majority of her assets including the money from the lotto win would be left to her brother. The deceased woman’s will is now being contested by her nephew who claims that he is entitled to half of her €450,000 lotto win.

Arguments from both parties

The deceased woman's brother claims that both his sister and he were part of a syndicate which means that he is the joint owner of the winning ticket.

However, the deceased woman's nephew claims that he too was part of a syndicate with his deceased aunt and that his uncle had not provided any substantial evidence which proves that his syndicate never existed.

The deceased woman's nephew informed the court that he personally drove his aunt to the lotto headquarters to collect the winning ticket and that they both signed the winning ticket. The deceased woman's brother claims that the reason why he never collected the winning ticket with his sister on the same day was due to having to attend an important appointment.

The barrister who is representing the deceased woman's nephew claimed that the most important fact in this case is that his client had signed the lotto ticket which is a definitive element in any contract.

Progress of trial

The case has been ongoing for the past year, as it was first heard by a High Court sitting in Tralee, Co. Kerry although the case was adjourned until yesterday for legal submissions to be made by both parties. The presiding High Court judge who is hearing the case stated that a decision would be made by him in the next court term.

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