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Woman to appeal case of stepson awarded a share of €3.3 million lotto win

Mary Walsh’s lawyers argued that she was not obliged to say where the lotto had gone.

Image: Mark Stedman/Photocall Ireland

GALWAY-BASED MARY Walsh intends to appeal a High Court order directing her to pay one sixth of a €3.3m lotto win to her stepson, the court heard today.

Mr Justice Richard Humphreys, who made orders preventing Walsh from reducing her assets below €929,000 was also informed in a statement sworn by Walsh that she only has total assets consisting of a house, car and a life insurance policy worth €670,000 including liquid assets of €6991.61.

The Judge ruled earlier this month that Mary Walsh, aged 66, must pay the money to her stepson David Walsh plus his legal costs after a judge found he was part owner of and entitled to a one sixth share of a €3.3m winning ticket.

Justice Humphreys ruled that David Walsh was part of a syndicate and was a co-owner of a winning ticket and was entitled to approximately €560,000 share of the jackpot.

David Walsh aged 52 of Knocknagreena, Ballinasloe in Co Galway sued his stepmother Mary Walsh from Perrsepark, Ballinasloe and argued that he was entitled to his share on the grounds his signature was among six that were written on the back of the winning ticket.

Mrs Walsh, who was married to David’s late father Peter Walsh, who died in December 2011, denied this and had argued that the ticket was hers.

She claimed that David Walsh was offered and accepted her and her late husband’s house in lieu of €200,000 euro from the win.

David Walsh, who claimed he was promised a share of the money by his late father, denied that. The Judge, in finding against her, rejected all her claims.

The matter returned before the court today when Mr Justice Humphreys ruled that David Walsh was entitled to various orders.

These include an injunction preventing his step mother from reducing her assets below €929,000, to cover the award made in David Walsh’s favour plus his legal expenses, and an order for discovery in aid of execution of the judgment obtained against her.

Lawyers for David Walsh sought those orders on grounds including Mrs Walsh would dissipate her assets.

She had only accounted for assets of €670,000 out of the €3.3m in her sworn statement.

Lawyers for Mrs Walsh had opposed the application in in her sworn statement, where she expressed an intention to appeal the court’s judgment.

Her lawyers also argued that her sworn statement was designed to counter the application for a freezing order and that she was not required to provide details at this stage to say where the lotto money had gone.

In his ruling Mr Justice Humphreys said he was satisfied based on the evidence Mrs Walsh had given to the court during the seven and the contents of the sworn statement to make the orders sought, including the freezing orders.

Noting that more than €2m was unaccounted for in the sworn statement the judge said he was satisfied Mrs Walsh had done “a great deal of what a person would do if they wanted to dissipate assets.”

The judge also refused to allow Mrs Walsh make payments out of her assets to cover living, legal and business expenses.

She had sought living expenses of €1,050 per month and €4,000 per month to keep her business going, which she said was loss making and had total losses of €53,000.

She also wanted to cover her legal expenses so she could progress her appeal, and was involved in litigation with a third party, her lawyers argued.

The Judge said it would be “unfair” on Mr David Walsh if those payments were allowed out of the assets.

The Judge also agreed with Mr Walsh’s lawyers that Mrs Walsh’s old age pension of €233 a week would cover her living expenses.

Neither of the Walshs were present in court for the hearing.

Comments have been turned off as this case will be heard before the courts.

Read: Stepmum faces hefty legal bill after stepson wins €560k Lotto jackpot case

Read: Stepson suing stepmother for share of Lotto win had his signature on back of ticket >

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Aodhan O Faolain

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