Dillon v Connolly [No.2] (Approved) [2026] IEHC 201 (27 March 2026)

Dillon v Connolly [No.2] (Approved) [2026] IEHC 201 (27 March 2026)

The executor is entitled to recover his costs out of the estate and from the respondent's share due to the respondent's unfounded objections, allegations of fraud, and conduct necessitating the application; the applicant acted reasonably and was largely successful.

Citation
[2026] IEHC 201
Parties
Applicant: David Dillon; Respondent: Matthew James Connolly
Jurisdiction
Ireland
Judgment Date
27 March 2026
Procedural Posture
Application for Costs in Estate Administration / Post Judgment, Costs Determination
Outcome
Applicant's costs to be paid out of the estate and from respondent's share; no order for respondent's expenses.
Legal Topics
Executor's Costs, Beneficiary Objections, Distribution of Estate Assets, Costs Orders, Unfounded Allegations in Litigation
Probate Trusts and Estates Civil Procedure Executor's Costs Beneficiary Objections Distribution of Estate Assets Costs Orders Unfounded Allegations in Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

David Dillon

Applicant

Matthew James Connolly

Respondent

Procedural Posture

Application for Costs in Estate Administration / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether executor's costs should be paid out of the estate
  2. 2 Whether executor's costs should be paid from respondent's share
  3. 3 Effect of beneficiary objections and conduct on costs

Ratio Decidendi

The executor is entitled to recover his costs out of the estate and from the respondent's share due to the respondent's unfounded objections, allegations of fraud, and conduct necessitating the application; the applicant acted reasonably and was largely successful.

Court Disposition

Applicant's costs to be paid out of the estate and from respondent's share; no order for respondent's expenses.

Orders

  • Applicant entitled to recover costs out of Matthew Connolly's estate.
  • Applicant entitled to recover costs from respondent's share in Matthew Connolly's estate.