Over 40 relatives of a deceased Co Galway farmer have asked the High Court to set aside a will purporting to leave the bulk of her highly valuable estate to another relative who has criminal convictions for offences including fraud.

It is also claimed that the will was made before a solicitor who was not from the firm used by the late Margaret Hernon and is alleged to be an associate of the main beneficiary Peter O'Toole.

Justice Cian Ferriter was told on Tuesday that Mrs Hernon, who had no children and was an only child, died aged 91 years on 16 March 2017.

She was pre-deceased by her husband Frank in 2005 and by all of her first cousins.

She left a valuable estate, which at one point was valued at €9m, but is now thought to be worth over €2.5m.

The estate's assets include the farmhouse Mrs Heron resided in at Barnacranny, Bushypark, Galway, with adjoining 13 acres of farmland on the edge of Galway city, as well as a large quantity of cash.

At the time of her death, it was believed by her wider family, who are the children of her first cousins, that she had died intestate.

Will

The court heard that the firm of solicitors she had used for many years said while it had discussions with her about making a will, it had believed that she never made one.

However, six months after her death her family was informed that, in 2006, she had made a will before then-solicitor Liam O'Gallchobhair, who was also nominated to act as executor of her estate, who had ceased practising law in 2010.

In the will, she had left sums of money to a few family members, friends and the local Catholic church totaling €22,000, while the rest of her estate had been left to Mr O'Toole of Leagaun, Moycullen, Co Galway.

As a result, Agustus 'Gus' Kelihan, who is one of children of the deceased first cousins, has brought proceedings against Mr O'Gallchobhair of Highfield Park, Galway, where it is claimed that the will was procured by deceit and by undue influence by Peter O'Toole.

Opening the case, Paddy McCarthy SC, appearing with David Kennedy SC and Conor Cahill Bl, instructed by Patrick Higgins of Keane Solicitor, said it was his client's case that the deceased did not have a good relationship with Mr O'Toole and did not have any time for him.

Mr O'Toole, counsel said, was unpopular within the wider family due to his criminal behaviour.

Previous conviction

Counsel said that in the 1970s, Mr O'Toole had been convicted before the Special Criminal Court in Dublin for possession of a gun that had been used by others in a robbery in Galway city in 1974 when an innocent man was shot dead.

He had also been convicted before courts in the UK in the 1970s and 80s for offences including obtaining property by deception and forgery.

Counsel said that there were also concerns over the fact that Mr O'Gallchobhair was also an associate and socialised with the main beneficiary of Mr O'Toole.

Counsel said that prior to her death, Mrs Hernon had discussions with the solicitors who acted for her over many years.

She had put together a draft will, which, ultimately, was never finalised and had never said anything about having signed a will in 2006.

The claims are all denied and, in a counterclaim, the retired solicitor, represented by Vinog Faughnan SC, Michael Hourican SC and Laurence Masterson BL, instructed by O'Dowd Solicitors, seeks an order formally proving the 2006 will.

The court heard that Mr O'Gallchobhair claims that he knew the deceased for many years and had met her on the street in Galway city and, following a conversation with him, she made the will in his then-offices in 2006.

It is claimed she had gone to him and not her regular solicitor because she was of the belief that others knew too much about Mrs Hernon's business affairs.

He claims that he and another man, a Mr John Concannon, a farmer from Truskey East, Barna, Co Galway, had witnessed Mrs Hernon sign the will.

He accepts that he knows Mr O'Toole - and had acted for him - but denies all of the allegations that he somehow colluded with him regarding the will, which he claims amount to an attack on his character.

Mr O'Toole also denies any wrong-doing.

He claims that he had a good relationship with the deceased and the court heard that she had said to other third parties that Mr O'Toole had been good to her.

In his evidence to the court, Mr Kelihan of Balagh, Bushypark, Co Galway, said that Mr O'Toole had been "a blight on our family" for many years due to his criminal behaviour.

While he did not know him personally, he said that Mr O'Gallchobhair's reputation was "bad".

In reply to Mr Kennedy, he said that a committee had been formed by Mrs Hernon's relatives to deal with her estate following her death.

They had believed she had not made a will.

However, he said that when he heard about the 2006 will and that it had been executed before Mr O'Gallchobhair, he said that he "saw it coming" that Mr O'Toole would be the main beneficiary.

Cross examination

Under cross examination from Mr Hourican for the defendant, Mr Kelihan accepted that he was not close to the deceased, but his mother had been.

He also accepted that a handwriting expert hired on their behalf could not say that Mary Hernon's signature on the 2006 will was a forgery, as had been originally claimed by the plaintiff.

In reply to counsel, he rejected a claim that he and the other family members stood to each gain €180,000 if their challenge is successful.

The witness said that it was not about the money for him, adding that each of the family members would be lucky to get €50,000 each.

He also accepted that certain parts of the 2006 will were similar or the same as what had been included in a draft will that Mrs Hernon had prepared with the firm of solicitors that she had frequently used.

However, the witness said that he believed the 2006 will had been manufactured and that he had come to court to "right a wrong".

He also said that he believed that Mr O Gallchobhair and Mr O'Toole saw "a golden opportunity" when Mrs Hernon died.

The hearing continues.