CM v AV (Approved) [2026] IEHC 111 (26 February 2026)

CM v AV (Approved) [2026] IEHC 111 (26 February 2026)

The Attorney was under a statutory obligation to apply for registration of the EPA once incapacity was established. The application became moot due to the donor's death, an event independent of the parties. The costs incurred were necessary and reasonable in the circumstances, and it is appropriate that the Attorney's costs, as well as the Objector's minimal costs and expenses, be paid out of the donor's estate. No order is made for costs against the Objector personally, as the Attorney did not press for such an order.

Citation
[2026] IEHC 111
Parties
Applicant: CM; Respondent: AV
Jurisdiction
Ireland
Judgment Date
26 February 2026
Procedural Posture
Contested Application for Registration of Enduring Power of Attorney (epa) Under the Powers of Attorney Act 1996 / Costs Determination Following Mootness Due to Donor's Death
Outcome
Attorney's and Objector's costs to be paid out of the estate of the deceased donor. No personal costs order against the Objector.
Legal Topics
Enduring Power of Attorney, Costs in Moot Proceedings, Objection to EPA Registration, Statutory Duties of Attorneys, Estate Administration
Elder Law Probate Law Civil Procedure Enduring Power of Attorney Costs in Moot Proceedings Objection to EPA Registration Statutory Duties of Attorneys Estate Administration

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Parties

CM

Applicant

AV

Respondent

Procedural Posture

Contested Application for Registration of Enduring Power of Attorney (epa) Under the Powers of Attorney Act 1996 / Costs Determination Following Mootness Due to Donor's Death

Legal Issues

  1. 1 Who should bear the costs of a contested EPA registration application that became moot due to the donor's death?
  2. 2 Are the attorney's legal costs properly payable from the donor's estate?
  3. 3 Should any costs be borne personally by the objector given her conduct after mootness?

Ratio Decidendi

The Attorney was under a statutory obligation to apply for registration of the EPA once incapacity was established. The application became moot due to the donor's death, an event independent of the parties. The costs incurred were necessary and reasonable in the circumstances, and it is appropriate that the Attorney's costs, as well as the Objector's minimal costs and expenses, be paid out of the donor's estate. No order is made for costs against the Objector personally, as the Attorney did not press for such an order.

Court Disposition

Attorney's and Objector's costs to be paid out of the estate of the deceased donor. No personal costs order against the Objector.

Orders

  • Attorney's costs of €20,000 (inclusive of VAT, counsel's fees, and outlay) to be paid from the estate of the donor.
  • Objector's legal costs of €517 and expenses of €500 to be paid from the estate of the donor.