In an interesting and unexpected case where a widow sued the HSE for negligence causing the death of her husband, the High Court awarded €1.5 million for the loss of an expected inheritance.

The widow claimed not only loss of dependency on the wrongful death of her late husband, but also loss of an inheritance from her husband’s family. It had been expected that the husband would inherit the farm owned by his mother which he helped run. Indeed, the mother had drafted a will to this effect. However, due to the negligence of the HSE, the husband died before his mother. The mother subsequently changed her will following a break-down in the relationship with the widow (her daughter-in-law), leaving the farm instead to her daughter. The mother died before the case against the HSE came on for trial.

The Court accepted the argument that had he not predeceased his mother, the husband would have inherited the mother’s farm and estate and would ultimately have passed it on, either by will or during his lifetime, to his wife and children.

Contributed by Elaine Rogers, Nora Lillis.

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