Lynn v O'Hara Lynn & Lynn
| Jurisdiction | Ireland |
| Judge | Ms. Justice Iseuit O'Malley |
| Judgment Date | 05 November 2015 |
| Neutral Citation | [2015] IEHC 689 |
| Judgment citation (vLex) | [2015] 11 JIC 0503 |
| Court | High Court |
| Date | 05 November 2015 |
[2015] IEHC 689
THE HIGH COURT
BETWEEN
AND
AND
AND
AND
Wills & Probate – Unconscionable transaction – The Succession Act 1965 – Undue influence – Duress – Devolution of interest
Facts: The first named plaintiff in the first proceedings being the wife of the second named plaintiff (now deceased) initiated the proceedings against the defendant claiming that the transfer of the farm of the first and second named plaintiff in favour of their youngest child (now deceased) was void and therefore, the defendant being the wife of that pre-deceased child would not be entitled to the entire estate. The second named plaintiff also initiated the second proceedings for recession of the transfer deed against the defendant during his lifetime, which by order of the Court was carried on by his son, the third named plaintiff. The first named plaintiff contended that the alleged transfer was made under undue influence and duress of their pre-deceased child.
Ms. Justice Iseult O'Malley dismissed both the claims. The Court held that there was no evidence that the first named plaintiff being the mother of the pre-deceased son was under duress and undue influence and the alleged transfer was made by both parents after taking proper legal advice and out of their free will and consent. The Court found that undue influence fell into two categories, first, where the Court had been satisfied that the gift was the result of the influence used by the donee and second, where the relations between the donor and donee had at or shortly before the execution of the gift been such as to raise the presumption that the donee had influenced the donor. The Court found that there existed a very close relationship between the pre-deceased child and his parents and that the child was even taking the primary role amongst his siblings to take care of his mother. The Court found that the first named plaintiff availed the benefit of having discussed the alleged transfer with the accountant and the solicitor and consented to the course of action to be adopted.
These proceedings concern the circumstances in which the late Sean Lynn, with the consent in writing of his wife, Mrs. Bridget Lynn, transferred their farm and family home to their son, the late Padraig Lynn. The transfer took place on the 24 th November, 2008. It is common case that Padraig's 35 th birthday was on the 26 th November and that there were tax advantages to finalising the transaction before that date.
The defendant in both actions, Olive O'Hara Lynn, was Padraig's wife and is his legal personal representative. Padraig died intestate in tragic circumstances on the 7 th December, 2011, and the defendant is therefore entitled to the entirety of his estate.
In the first of the above entitled proceedings, commenced on the 31 st July, 2013, Bridget Lynn (known to her family and friends as Queenie Lynn) claims that the transfer is void on the basis that it was an improvident and/or unconscionable transaction brought about by duress or undue influence. She says that she signed the relevant documents because of pressure, duress and/or undue influence on the part of her husband Sean and her son Padraig, that she did not act of her own free will and that she was not given appropriate independent advice.
The plaintiff would be entitled, under the terms of the transfer, to maintenance and support, but says that she has received none. She does not seek any order in this regard (in circumstances where she contends that the transfer is void). However, the claim that the transfer was improvident is based in part on her assertion that, although she still has a right of residence in her home, she has been given no maintenance and now derives no income from the farm.
She suffers from a number of medical difficulties and says that she is unable to pay for the care that she needs now and into the future.
The defence delivered on behalf of Sean Lynn in those proceedings admits that he presented the scheme for the transfer to Bridget Lynn and that he pressurised her, placed her under duress and unduly influenced her. However, it is denied that he in any way participated in or drew up that scheme. It is claimed that he was induced to present it and to execute it by duress, improper and illegal pressure, threats and undue influence on the part of Padraig Lynn.
The second set of proceedings was commenced by the late Sean Lynn by way of plenary summons dated the 19 th September, 2013. Sean Lynn died shortly afterwards, on the 15 th October, 2013. By order of the court those proceedings are now carried on by his son Michael Lynn as Sean's executor. The plaintiff seeks rescission of the deed of transfer, on the basis of duress and/or actual undue influence and/or illegal pressure and threats by Padraig. Specifically, it is pleaded in the statement of claim (delivered some months after the death of Sean Lynn) that the transfer was Padraig's idea; that Sean had been unwilling to transfer the property; that Padraig had shown little interest in farming; that Padraig became threatening and abusive as the deadline for the tax exemption approached; and that Padraig threatened to kill himself if the property was not transferred to him before the 26 th November, 2008.
Olive O'Hara Lynn has denied the claims made in both proceedings. She says that soon after Padraig's death in December, 2011 she was put under significant pressure to disclaim her inheritance in favour of Sean and Bridget Lynn. However, no suggestion was ever made that the transfer was in any way tainted by duress or undue influence until 2013, when she was registered as the owner of the property. It is pleaded that the transfer was entered into voluntarily on the part of Sean and Bridget Lynn, with the full benefit of legal and accountancy advice and in full knowledge of the relevant tax reliefs. It is contended on her behalf that the only reason for these proceedings is that she refused to disclaim her inheritance, with the result that the property will not remain with blood relatives of the Lynn family.
The house in question, which is on a farm of about 52 acres in Ballyoate, County Westmeath, was the family home of Bridget Lynn when she was a child. After her marriage to Sean in 1963, Bridget's parents transferred the property into Sean's name and it was thereafter the Lynn's family home. The main use of the farmland has been for sheep.
There were six children of the marriage: Mary, Michael, Deirdre, Tom, Siobhan and the late Padraig. The eldest, Mary, has Down's syndrome. She lives in a residential centre and attends a workshop during the week. At weekends she comes home to her mother. All of the other surviving children have their own livelihoods and their own homes.
Padraig Lynn, born in 1973, was the youngest of the children. After gaining a degree in business he worked for a bank for some years. He had always been involved in sport and set up his own business with a fitness and health centre. He also did fitness training with the county football team, as well as obtaining qualifications relevant to farming. At some point he inherited a piece of land beside the Lynn family home place, which was bequeathed to him by Sean Lynn's brother Michael (known as Fr. Michael).
Padraig was in a relationship with Olive O'Hara for some 15 or 16 years before their marriage in August, 2008. They had built a house together on Padraig's land and moved into it in 2006. It is common case that Padraig spent a lot of time looking after his mother in subsequent years.
It appears that Padraig developed some mental health difficulties. This affected his marriage to the extent that Olive left the house in August, 2011, in circumstances considered in greater detail below. Despite receiving professional help over a period of time, Padraig tragically killed himself in December, 2011.
Sean Lynn was, by all accounts, a successful farmer. Apart from the Ballyoate farm, he had owned land of his own before his marriage and he continued to acquire property. As well as farmland he bought some commercial properties in the town of Mullingar.
To put events in context, it is helpful to set out the provision made over the years in respect of each of the children.
In 1993, Sean gave his daughters Deirdre and Siobhan a commercial property in Mullingar. Deirdre is now living with her family in New Zealand. Siobhan owns a business in Mullingar.
In 1997, Sean and Bridget gave Michael just under a hundred acres in Enfield. They had previously given him a few acres for his 21 st birthday. Michael has also bought farmland himself, and owns land adjoining the family farm, upon which he has built a house. He also has business interests in Mullingar.
In June, 2000 Sean gave Tom land in Churchtown. Tom had inherited about a hundred acres from Sean's uncle Pat and had bought other land himself.
Sean Lynn made a number of wills. The first of those presented in court to make specific provision for his children by name dates from May, 1994.
The family home and farm were left to his wife for her lifetime, and thereafter to Michael. Other specified lands were left to Tom and Padraig, subject...
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McCormack v McCormack
...the language from a number of leading decisions on the doctrine of undue influence. 297 As O'Malley J observed in Lynn v O'Hara Lynn [2015] IEHC 689, the leading case in this area is the decision of the Supreme Court in Carroll v Carroll [1999] 4 I.R. 241. Denham J (with whom Lynch and Barr......