Solicitor ordered to pay out €975k from estate

THE High Court has ordered a solicitor to pay out the bulk of €975,000 from the estate of a former client who died in 2002 following complaints from beneficiaries about delays in receiving the money.

High Court president Mr Justice Richard Johnson said the money should be paid out this week regardless of pending legal proceedings involving the solicitor and the Law Society.

Solicitor John F Condon of McMahon and Tweedy, Ormond Quay, Dublin, was alleged not to have sufficiently administered the estate of the deceased client, counsel for the Law Society, Shane Murphy SC, told the court yesterday.

Condon was invited by the society’s complaints and client relations committee to explain why the estate had not been sufficiently administered and later the society brought proceedings against him.

Condon then separately issued judicial review proceedings against the society.

These matters are still pending before the High Court but it was the society’s view that the monies involved in the estate should be immediately distributed to the five beneficiaries notwithstanding those proceedings, Mr Murphy said.

The main part of the estate was a property which was sold in July 2007 for €975,000, Mr Murphy said, and the society was concerned there was no good reason why it should not be distributed.

Robert Haughton SC, for Condon, said cheques for €188,000 were available to be paid to three of the beneficiaries while the amount due to the other two may be less due to an outstanding tax liability.

Daniel Simms BL, for the beneficiaries, said they were also anxious the money be paid out as soon as possible.

Mr Justice Johnson said the bulk of the money is to be lodged with the Law Society by the end of the week with the exception of some €50,000 relating to tax matters.

He adjourned the matter to the end of the month.