Three beneficiaries who continued a dispute over a Carlow farm after an initial High Court ruling have been ordered to bear the later legal costs of the successful beneficiary and the executrix, with any shortfall after their inheritance is exhausted to be paid personally.
The costs ruling arose from litigation over the will of William Doyle, late of Bealalaw, Myshall, Co Carlow. His nephew Peter Murphy argued that a gift of his uncle's lands at Bealalaw, Myshall entitled him to the deceased's entire farm, including lands in Myshall and Raheenleigh. Several residuary beneficiaries contended that only land within the townland of Bealalaw passed to Murphy.
In February 2024, Ms Justice Egan found the wording ambiguous and permitted extrinsic evidence about Doyle's intentions. The court warned that the relatively modest estate could be severely affected by further legal costs and encouraged mediation.
A November 2024 settlement offer from Murphy proposed that his interpretation be accepted in return for a €50,000 payment to the Roberts defendants, with parties' costs paid from the estate. It was not accepted.
By March 2025, the remaining Roberts defendants had received a memorandum from solicitor William Clarke setting out the evidence he would give. Clarke's evidence was that Doyle intended to leave his entire farm to Murphy and had wanted only to change the residuary clause from his earlier will. In November 2025, the High Court accepted that evidence and ruled for Murphy.
In the costs judgment delivered on 27 April 2026, the court held that it had not been unreasonable for the beneficiaries to contest the case through the first module. However, persisting through the second module despite Clarke's evidence, while lacking credible evidence for their own interpretation, was unreasonable.
Sean Roberts, Martin Roberts and Gretta Roberts were therefore ordered to bear the module-two costs of Murphy and executrix Monica Butler, first from their inheritance and then personally, jointly and severally, if necessary.