Probate disputes are among the most complex and emotionally charged legal challenges families face, often resulting in lengthy court cases if not managed prudently. The Irish High Court case Myles Gilvarry v William Naylor ([2024] IEHC 668) serves as a poignant reminder of why pragmatic legal advice is crucial in resolving these disputes efficiently and fairly.
This blog explores the importance of experienced probate solicitors in contentious cases, using the lessons learned from this case to guide families navigating similar legal challenges. If you are currently involved in a probate dispute or wish to prevent one, the insights shared here could save your family both heartache and considerable resources.
Insights from Gilvarry v Naylor: A Case of Compounding Costs
Background of the Case
The Gilvarry v Naylor case revolved around the estate of Michael Hoare, who passed away in 2007, leaving an estate valued at approximately €450,000. The key dispute related to the deceased’s farm, which two of his children, Jean Maher and William Naylor, claimed ownership of through different wills and legal principles. Naylor challenged the legitimacy of his father’s last will on grounds of undue influence and relied on proprietary estoppel, claiming he had worked on the farm for decades under a promise that it would become his.
While Naylor succeeded on proprietary estoppel grounds, earning ownership of the farm, the estate-wide litigation costs spiralled out of control. The court proceedings spanned years and multiple appeals, resulting in legal costs exceeding €1.5 million—far outstripping the estate’s available assets. By the time these legal battles concluded, the estate was insolvent, leaving the High Court to determine how to prioritise these administration expenses.
What Went Wrong?
The primary issue in this case was the lack of effective early intervention to manage the legal conflict. Deep-rooted familial disagreements and multiple rounds of litigation led to costs so severe that even successful beneficiaries like Naylor were left with little to recover.
This highlights the importance of proactive, pragmatic legal advice. Instead of spiralling into prolonged litigation, families must engage expert solicitors who advocate for resolution strategies that balance fairness with financial prudence.
Why Pragmatic Legal Advice Matters in Probate Disputes
The fallout from Gilvarry v Naylor underscores the pivotal role solicitors play in navigating probate litigation. Experienced probate solicitors can make the difference between a manageable resolution and the catastrophic financial and emotional toll of prolonged disputes.
1. Early Dispute Prevention
One of the best cures for probate disputes is prevention. Solicitors ensure wills are drafted with clarity, leaving minimal room for misinterpretation or challenges. Ambiguities over asset division, unclear instructions, or outdated provisions often ignite disputes.
Working with a specialist solicitor can significantly reduce the risk of will-related disagreements by ensuring all formalities are observed and potential risks are mitigated from the outset.
2. Proportional Case Strategies
While no one willingly enters a legal dispute expecting their inheritance to evaporate under legal costs, it is the solicitor’s responsibility to pursue proportional outcomes. For example, early mediation or Alternative Dispute Resolution (ADR) methods could have worked well in Gilvarry v Naylor.
Litigation should be treated as the last resort, reserved for only the most contentious of issues where amicable resolution is impossible. Tools like Early Neutral Evaluation (ENE), a method used in the UK, might have provided a clearer picture of case merits and encouraged a quicker resolution.
3. Cost Mitigation
Costs in administration of an estate can be crippling, as this case shows. Pragmatic solicitors will seek out opportunities for cost control, recommending options such as out-of-court settlements, or prioritised claims for reimbursement based on Irish probate law (per Succession Act 1965).
Protracted battles over high-stakes assets (like farms in rural Ireland) must weigh legal costs against the financial worth of the estate itself, balancing each stakeholder’s emotional desires with economic realities.
4. Understanding Legal Precedents
One of the pivotal aspects of Gilvarry v Naylor revolved around the interpretation of legal precedence concerning administration costs. The High Court ruled that under the 1965 Succession Act, legal costs owed to the estate administrator should be prioritised over the costs awarded to litigants. This reflects the long-standing principle favouring executors and administrators as the guardians of the estate’s proper execution.
Experienced probate solicitors understand these procedural dynamics and guide their clients accordingly, helping them focus on achieving outcomes that align with both their needs and long-standing legal principles.
How to Resolve Probate Disputes Effectively
If you’re dealing with a contentious probate matter, here’s how a good solicitor can help:
1. Clarify Beneficiary Claims
Probate disputes often involve competing claims between family members or beneficiaries. A solicitor experienced in Irish probate law can help clarify valid claims, ensuring fairness based on the deceased’s wishes and legal obligations.
2. Engage Mediation or Arbitration Early
Litigation should always be the final step in contentious probate. Instead, sensitive negotiation through mediation helps preserve families’ finances—and relationships.
3. Develop Clear Prioritisation Plans
Understanding how costs and liabilities rank, especially in insolvent estates, is critical. Solicitors can advise clients on the legal order of payments, ensuring compliance with Irish succession law while making strategic recommendations.
4. Ensure Sound Will Drafting
For families looking to avoid disputes entirely, drafting strong, transparent wills that mitigate the risk of contest can save both emotional and financial resources later. This is where experienced advisors, such as HOMS Assist, can be worth their weight in gold.
Partner with Experts for Pragmatic Probate Advice
Contentious probate disputes are never simple, but the lessons from cases like Myles Gilvarry v William Naylor show just how vital pragmatic legal advice can be. Families facing similar situations need to prioritise working with experienced solicitors who approach disputes with empathy, professionalism, and an eye for both resolution and cost control.
If you’re currently dealing with a probate or estate issue, contact our team at HOMS Assist. Our probate specialists bring decades of experience helping Irish families through their most difficult times, offering tailored advice and solutions to ensure the best possible outcomes.
Reach out today—because every inheritance deserves to be handled with care.
