The High Court has ordered that €20,000 in legal costs incurred in a contested enduring power of attorney case be paid from the estate of the man who created the power after he died before the dispute could be decided.
Mr Justice David Barniville delivered judgment on 26 February 2026 in proceedings concerning an enduring power of attorney executed by HM in July 2017. HM appointed one of his adult children, CM, to act as attorney over his property and affairs.
After medical evidence indicated that HM no longer had capacity to manage his affairs independently, CM began the statutory process to register the enduring power. Another adult child, AV, objected, alleging that CM was unsuitable to act and that fraud or undue influence had been used when the power was created. CM rejected those allegations.
The dispute generated extensive affidavits and discovery applications and was listed for a substantive hearing in July 2025. HM died on 21 June 2025, aged 90, making the registration application moot before the High Court could determine the competing allegations.
The remaining dispute concerned legal costs. The court held that CM had been under a statutory obligation to seek registration once she had evidence that HM was or was becoming mentally incapable. That distinguished the case from ordinary litigation which becomes moot through an event outside either party's control.
The judge concluded that the fairest outcome was for CM's reasonable costs to be paid from HM's estate. Although the amount claimed had risen to €20,848, the court measured a fair and reasonable figure at €20,000, including VAT, counsel's fees and outlay.
The court also directed that €1,017 representing AV's limited legal costs and expenses be paid from the estate.
Mr Justice Barniville said he would have considered ordering AV to pay some costs personally because of steps taken after the case became moot, including further discovery motions, but CM did not press for such an order.