The High Court has ruled that the legal costs incurred by an executor in resolving a long-running dispute over two Foxrock estates should ultimately be charged against one beneficiary's share.
Ms Justice Siobhán Stack delivered the costs judgment on 27 March 2026 following earlier proceedings concerning the estates of Matthew Stephen Connolly and Elizabeth Connolly, both formerly of Bel Air, Westminster Road, Foxrock.
Executor David Dillon had asked the court to approve the estate accounts after beneficiary Matthew James Connolly raised nine objections. Three resulted in adjustments: three rings belonging to the late Mrs Connolly were brought into the estate accounts; a small Glengarriff property known as The Dell, valued at €10,000, was included; and €7,146.30 in solicitors' fees connected with a complaint to the Legal Services Regulatory Authority was removed from the estate costs.
The remaining six objections failed.
The court found that Dillon had been justified in seeking judicial protection before distributing the estate because of the breakdown in relations and the respondent's refusal to approve the accounts. The judge also found that the respondent had made repeated unfounded allegations of fraud and dishonesty against Dillon, his wife and the estate solicitors.
The financial effect of the successful objections was comparatively small. The estate accounts increased by €42,146.30, adding €10,536.58 to each of four residuary shares. The court noted that this was around 4% of the more than €1.03 million the respondent had initially alleged was being wrongfully withheld.
Ms Justice Stack concluded that the litigation had largely vindicated the executor's position and that the costs generated by the objections were disproportionate to the adjustments obtained.
Dillon was therefore held entitled to his costs out of Matthew Connolly's estate, with those costs to be charged against Matthew James Connolly's share. No costs order was made against Elizabeth Connolly's estate, and the respondent was not awarded expenses. Precise final orders were left for a hearing on 17 April 2026.