Reasonable Outcome for Mediation

HappyLuck

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Hi All,

I will be engaging in a mediation process with LSRA & a solicitor and I would like your opinion on what you think would be a fair outcome for the mediation. The LSRA have agreed the complaint is admissible for 'inadequate legal services'.

Here are the details.
My Uncle in Summer 2016 died intestate leaving only four beneficiaries, my Dad (who was 80 at the time), two aunts & one first cousin (who's dead father was a brother to the deceased uncle). My Dad (who only had a primary school education .. left school in the 1940s) asked me to help him with the paperwork & the solicitor. The house was sold, debts were paid and in spring 2017 the solicitor emailed to say all the beneficiaries were to get their money, which in autumn 2017 my Dad & my two Aunts got their money. I did their IT38 returns for them. My first cousin, who was severely disabled and lives in Australia since birth did not get their money, which we only found out in 2023. The solicitor had been directly corresponding with his legal guardian in 2016 & 2017. My cousin has no children, spouse, aunts, uncles or first cousins and to be honest was not in touch with his Irish relatives since his Mum & Dad died in early 2000s. We have no connection with any of my cousins Australian relatives. Talking to an Australian second cousin, we established there was no other first cousins alive in Australia.

From autumn 2017 until autumn 2023 we had no communication from the solicitor and we though the estate was finalised. My cousin died 2020, his guardian died in 2022, the last closest relative in Australia.

In Autumn 2023 we got an email from another solicitor in the firm saying we need to send the money to Australia, we then told the solicitor my cousin was dead & so was his guardian. The solicitor then told us we need to administer an intestate estate in Australia and is refusing to offer any help or to meet with us. The size of the estate is tens of thousands, not hundreds of thousands so smallish to be honest. Matters are made worse by the fact that the person('a consultant') who did the work in the practice, no longer works with the firm. The second cousin does not want to help with the problem.

So what would you accept as a fair outcome of mediation? I am curious to see everyone's view, as I think I am to annoyed to be impartial at the moment.
 
i am confused. What has it got to do with you? Your dad got what he was entitled to. The cousin in Oz didn't.

Why are you involved? Or is the Oz cousin's money in the solicitor's account?

What outcome do you want?
 
Seems that the solicitors hung on to the money for too long… and the heir died.

So it’s the Oz cousins estate issue now.

In terms of the legal firm here they were very sloppy in managing their client monies account. The law soc will give them a rap on the knuckles for that but as far as I can see no one in Ireland has lost out because of that
 
My cousin has no children, spouse, aunts, uncles or first cousins

Do you mean no first cousins, other than yourself? Are you a 2nd cousin too?

It looks like next of kin is based on closeness of blood relation.

Aunts/Uncles are ahead of first cousins.

It is presumably based on steps, though children win against parents, so down wins the tie against up.

Children (one step down)
Parents (one step up)
siblings (two steps, up + down)
grandparents(two steps, up + up)
aunt/uncle (three steps, 2 up + 1 down)
first cousin (four steps, 2 up + 2 down)

I suspect that grandchildren (2 down) would win against siblings (1 up + 1 down), though maybe not.

Anyway, that would mean your father (and any of his siblings) would be next of kin in Australia.

Maybe you could ask for some of the costs of administering the estate in Australia as the reason for the settlement.

If they had sent the money, then it would presumably be in your cousin's account now, so you would still need to deal with the estate (and you might not even know about it).
 
@Brendan Burgess Hi, My Dad/Me was administering the estate but the job is not complete as the solicitor still has the cousin money. My dad got his inheritance. Our problem is the solicitor sat on the money for six years, didn't tell us anything. If he had told us in 2018 when everyone was alive, we could have sent the money or renounce the inheritance. If Solicitor had informed us sooner we would not have a problem. Brendan, what do you think is a fair outcome? I think what I want them to fix the problem they caused, at no costs to the original beneficiaries.

@LarryScott I am a first cousin. The oz cousin has only second cousins in Australia. The solicitor still has my cousin's money. so what would you think is a fair outcome from mediation?
@Annieindublin so what would you think is a fair outcome from mediation?
 
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