A judge has ordered that whatever’s left of Emma Mhic Mhathúna’s €7.5 million settlement should be transferred to the accountant of the High Court.

The mother-of-five, who lost her battle with cancer a few weeks ago, sued the HSE and a US lab as part of the CervicalCheck controversy.

Just a few months before she died, Ms Mhic Mhathúna and her five children sued the HSE and the US lab which failed to diagnose her cancer.

Both accepted liability and she settled her legal action in June for €7.5m.

The 37-year-old knew she didn't have long left to live but wanted to make sure her children were looked after.

One of her dying wishes was that a house be bought in the names of her five young children.

The High Court heard today that her father, who is now the legal guardian of the children, had decided to wait a few months to allow things to settle.

Mr Justice Kevin Cross heard the children are now living with him and his wife, who have both given up their careers to look after them.

It was agreed in court today that whatever money is left should be lodged with the court and a certain amount paid out to Emma’s father for expenses.

Mr Justice Cross said he would be free to make an application to the court at any time, and just over €1m would be ring-fenced for the purchase of a house.