Rennick & anor -v- Rennick & Anor [2012] IEHC 559 (21 December 2012)

Rennick & anor -v- Rennick & Anor [2012] IEHC 559 (21 December 2012)

The costs of ascertaining the next of kin are to be borne by the estate. For the remainder of the proceedings up to the consent order, 25% of plaintiffs' taxed costs are to be paid from the estate and 75% by the defendants, reflecting the event of the defendants' concession regarding the joint deposit. No order for costs in favour of the defendants. For the costs application, plaintiffs are to be paid 75% of their taxed costs from the estate; otherwise, each party bears their own costs.

Citation
[2012] IEHC 559
Parties
Applicant: Michael Rennick; Applicant: Marie Barrett; Respondent: Eric Rennick; Respondent: Mary Rennick
Jurisdiction
Ireland
Judgment Date
21 December 2012
Procedural Posture
Special Summons / Post Consent Order, Costs Determination
Outcome
Costs apportioned between estate and defendants; no order for costs in favour of defendants.
Legal Topics
Administration of Estate, Identification of Next of Kin, Joint Account Survivorship, Costs in Probate Litigation
Probate Succession Civil Procedure Administration of Estate Identification of Next of Kin Joint Account Survivorship Costs in Probate Litigation

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Parties

Michael Rennick

Applicant

Marie Barrett

Applicant

Eric Rennick

Respondent

Mary Rennick

Respondent

Procedural Posture

Special Summons / Post Consent Order, Costs Determination

Legal Issues

  1. 1 Who should bear the costs of proceedings relating to the administration of the estate of Thomas Henry Reburn?
  2. 2 Were reasonable steps taken to identify the next of kin?
  3. 3 Are the funds in the joint account held in trust for the estate or beneficially entitled to the surviving account holders?

Ratio Decidendi

The costs of ascertaining the next of kin are to be borne by the estate. For the remainder of the proceedings up to the consent order, 25% of plaintiffs' taxed costs are to be paid from the estate and 75% by the defendants, reflecting the event of the defendants' concession regarding the joint deposit. No order for costs in favour of the defendants. For the costs application, plaintiffs are to be paid 75% of their taxed costs from the estate; otherwise, each party bears their own costs.

Court Disposition

Costs apportioned between estate and defendants; no order for costs in favour of defendants.

Orders

  • Costs of ascertaining next of kin to be borne by the estate, including genealogical reports and advertising.
  • 25% of plaintiffs' taxed costs to be paid from the estate; 75% to be paid by defendants.