A solicitor who completed the administration of a will 11 years after its author died was found not guilty of professional misconduct by the Solicitors' Disciplinary Tribunal yesterday.
However, Galway solicitor John Naughton did acknowledge he had been negligent.
James Gately died in 1997 and bequeathed a 30-acre property in Roscommon to 34 members of his extended family. The estate was not administered by 2006 and Mr Gately's nephew, John Gacquin, took the case before the tribunal. He complained Mr Naughton had not granted probate on his uncle's will and had failed in his duty of care to the beneficiaries.
Counsel for Mr Naughton, Ronnie Robbins SC, said that, although the administration of the will had been complicated, with some of the land not registered and challenges from another member of the family, it did not present insurmountable problems. He said Mr Naughton accepted it was his own behaviour that led to his appearance at the tribunal.
"He is here having erred and he is accepting he has erred," Mr Robbins said. "If every member of the profession behaved as Mr Naughton had . . . the Law Society and the public could feel justly assured," he said.
Shane Johnston, solicitor for Mr Gacquin, said his client felt the matter would never have been resolved if he had not gone to the tribunal.
Following an adjournment, in which a settlement of expenses was reached between the parties, tribunal chairman Michael O'Mahony ruled Mr Naughton was not guilty of misconduct.
