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Friday 19 September 2014

There's nothing left to pay lawyers -- will row woman

Jean Maher at the High Court. Collins Courts

Published 16/01/2014 | 02:30

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Jean Maher at the High Court. Collins Courts

A SOLICITOR acting for a woman involved in a dispute with one of her siblings over a will wants the High Court to prevent her continuing as executrix of her late father's estate.

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Solicitor Myles Gilvarry, of Gilvarry and Associates Solicitors, represented Jean Maher, in her capacity as executrix of the estate of the late William Hoare, in a High Court action brought by her brother William Naylor over a will executed by Mr Hoare before his death in 2007. In the will, he bequeathed the farm to Ms Maher, who had cared for the late Mr Hoare in his later years.

In September 2012, following a 22 day case, the High Court ruled Mr Naylor was entitled to the 120-acre farm at Derrylahan, Co Tipperary, the principal asset of the estate.

Mrs Maher, The Crescent, Birr, Co Offaly, has appealed that ruling to the Supreme Court.

Last month, Mr Gilvarry secured a temporary injunction preventing Ms Maher from dealing with Mr Hoare's estate.

The injunction was sought after the solicitor alleged she was not acting in the proper interests of and allegedly frustrating the proper administration of the estate.

It is also claimed Ms Maher has no regard for the legitimate creditors of the estate, including Mr Gilvarry's firm. She denies the solicitor's claims, and wants the injunctions set aside.

Mr Gilvarry seeks an order from the court appointing him as administrator of the estate.

Yesterday, when the matter came back before court, Mr Justice Sean Ryan expressed his concerns about the potential legal costs of the action. He adjourned the matter to a date in February, so that the case can be managed by the court.

Cormac O Dulachain SC, for Mr Gilvarry, said it was his client's wish the matter be dealt with as soon as practicable.

Ms Maher, who is representing herself said "there was nothing left out of the estate" to pay lawyers.

The judge, noting Ms Maher's undertaking not to deal with the estate, said the injunction previously granted is to remain in place until the case returns before the court.

Irish Independent

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