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Lotto dispute between Galway man and his stepmother resumes before the High Court

The man claims he is entitled to €560,000 but his stepmother says she bought and owned the winning ticket.

Image: Shutterstock/wavebreakmedia

A DISPUTE INVOLVING a Galway man and his stepmother over a one-sixth share of a €3.38 million Lotto win has resumed before the High Court.

The third day of an action brought by David Walsh (52), of Knocknagreena, Ballinasloe, Co Galway, against his stepmother Mary Walsh for a €560,000 share of the €3.38m Lotto win of 22 January 2011, was taken up with what Mr Justice Richard Humphrey’s said were technical and procedural arguments.

Mr Walsh is among six signatures on the back of the winning ticket, sold in Ballinasloe and he claims he is entitled to a one sixth share.

He says his late father Peter Walsh, his cousin Kevin Black, Mrs Walsh, and her sons Anthony and Jason Daly, also signed the back of the ticket.

He claims his signature is among six signatures on the back of the ticket and Mary Walsh and the estate of his late father hold the €560,000 in trust for him.

Ms Walsh (65), of Perssepark, Ballinasloe, who is being sued personally and as personal representative of Peter Walsh’s estate, denies David Walsh was part of a six person syndicate that won the €3.38 million prize or that she holds €560,000 in trust for him.

She claims she bought and owned the winning ticket, intended to make gifts from the prize and was advised having the potential beneficiaries sign the back of the ticket would avoid them having to pay tax on those gifts.

The court heard various cheques were sent on behalf of Mrs Walsh to some of those signatories, including a €300,000 cheque to her son Jason; one for £380,000 (about €456,000) to her son Tony, who lives in Wales, and one for €100,000 to Kevin Black.

Ms Walsh claims David Walsh was offered the option of having €200,000 from the Lotto win or the former home of herself and his late father at Knocknagreena and opted for the house.

Mr Walsh, who obtained a €135,000 valuation for the house in 2013, denies that.

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At the High Court today lawyers for Mary Walsh asked the court to strike out a part of Mr Walsh’s claim, on the grounds it was inconsistent with the claim he has made and was prejudicial to her case.

Mr Walsh’s lawyers opposed the application.

In his ruling the judge dismissed the application to strike out part of Mr Walsh’s claim, describing it as “quite illogical” and had raised “nothing of substance”.

The judge added that the Mrs Walsh’s lawyers were aware of the reply, had known about the section of the claim complained since last May, and had done nothing to advance their objections until the third day of the trial.

The case resumes before the High Court tomorrow.

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Aodhan O Faolain

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