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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10401
Experience:  Barrister 17 years experience
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We took an executor to court last year to have my fathers

Customer Question

We took an executor to court last year to have my fathers estate distributed as he was refusing to do so, 4 years after the death of my father. The Judge (Dublin) ruled that there was no reason not to have the estate distributed and it was distributed within days of the final court hearing, in April 2015 (there had been 5 appearances before the master of the courts before it went to a full court hearing). We never asked the court to award expenses at the time - which amounted to 30,000 euro solicitors fees. Could we now seek expenses against the executor - who not only cost us the expenses, but almost 100K euro each (x3) in dwindling exchange rates from the award of probate and all monies to be distributed lodged in the estate solicitors account (appointed by the executor) and when the distribution finally took place. Is there a time limit in which we can seek to claim expenses?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****, you were very badly advised by your solicitor or whoever took the case for you against the executor. An application for legal costs and expenses should have been made immediately at the hearing of the case. You can go back now and seek to have an order for legal costs and expenses made against the executor. However, your prospect of success are greatly reduced. This is simply because of the lapse of time. Accordingly, you should get yourself a different solicitor (because there is a potential negligence action against your former solicitor) and make an application for legal costs and expenses against the executor. Be aware that you will have to have a good reason as to why you now want legal costs and expenses and why they were not asked for at the time of the original hearing. YOu need to convince the Judge who hears the case of the essential justice of now granting costs and legal expenses.

Expert:  Buachaill replied 1 year ago.

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