Solicitor ordered to pay €10,000 to beneficiaries

A DUBLIN solicitor has been ordered to pay €10,000 to the beneficiaries of a will who incurred a large tax bill from the Revenue as a result of his failure to properly administer the estate of their dead relative.

The Solicitors Disciplinary Tribunal yesterday found solicitor Brian Gogan guilty of professional misconduct on eight separate charges over his handling of the case.

The inquiry heard that Mr Grogan, who runs a legal practice in Lucan, Co Dublin, had failed to deal with the estate of a client, Margaret Carton — who died in September 2001 — in a timely manner, including the sale of a house and funeral expenses.

Solicitor for the Law Society Mary Fenelon said the property was subsequently sold by another firm of solicitors. However, the original beneficiaries of the estate had incurred a tax liability because of the delays caused by Mr Grogan.

The tribunal heard that they were originally issued with an estimated bill of €15,000 for interest and penalties by the Revenue for inheritance tax even though they were blameless in the matter. However, a tax liability of €10,000 was subsequently agreed and paid.

Mr Grogan’s solicitor, Paul Walsh, said his client wished to apologise to the tribunal for his conduct and said he fully accepted the facts of all the complaints made against him.

Mr Grogan had agreed to waive his professional fees of €7,000 for handling the case, said Mr Walsh. He pointed out that the value of the property had increased from €230,000 to €450,000 as a result of the delays.

However, Ms Fenelon reminded the hearing that such delays had also increased the tax liabilities for any beneficiary, one of whom was in good health in 2001 but who was subsequently housed in a nursing home because she suffered from dementia.