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Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2244
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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A caveat to a will entered by a beneficiary was dismissed by

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A caveat to a will entered by a beneficiary was dismissed by the High Court and costs awarded against him. Probate was granted and all Revenue matters were cleared.
The solicitors for the Estate are in the process of dispersing the Estate. However they are insisting that they are entitled to retain the Objectors legacy while they await the Court granting them a lean on the his legacy AND they are further entitled to deduct their costs from the Estate and reduce each beneficiaries legacy on a pro rata basis.
Is this considered normal practice and why should the beneficiaries be penalised for what is after all a matter between them and the Objector
Many thanks.

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Customer: replied 3 years ago.

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The estates is responsible for testamentary cost that it incurs. this includes challenges against the estate. The legal fees must be paid from the estate and then balance distributed to the beneficiaries. The award of costs, is an an award to the estate not to the solicitors and the solicitors are entitled to recover their costs from the estate. The solicitors acting on the instructions of the executor of the estate are entitled to retain objectors bequest pending the application to the court. The objector must pursue the executor for it release through the courts if he so wishes. Unfortunately, every beneficiary suffers as a result of the actions of one but as costs are awarded against him they recover the balance of the bequest at some point
Ronan, Solicitor
Satisfied Customers: 2244
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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