Justice for Michael Gavin Elderly 83 Year Old Irish Farmer

"After the death of my brother Patrick Gavin I was appointed heard keeper for the animals by the Department of Agriculture. My understanding was that I would receive the grant monies paid from the department to subsidise the looking after the animals.

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I don’t understand how Mr Marren, Solicitor can permit the estate to have it both ways, and I feel I should be awarded either the grant monies paid by the Department of Agriculture for the nine years I have looked after all the animals, or in the alternative I should be paid reasonable farm labors wages and refunds for the expenses incurred in running the farm as appointed heard keeper by the Department of Agriculture.

The next of kin cannot have it both ways. They cannot on the one hand expect to receive the monies from the sale of my late brother Pat Gavin’s livestock together with the gross payments received from the Department of Agriculture, without incurring any expense for the minding, looking after and caring for the animals down through the years.

As regards ownership of the livestock, I have been totally consistent in claiming that I own half of the livestock and all of the sheep. My ownership of half of the livestock goes back to my youth when my parents encouraged me to take an interest in farming by giving me a number of animals within the overall herd which I with the consent of my brother, Pat was able to have and maintain on the lands. Over the years I added to the original stock by purchasing other stock out of my own monies and by doing deals with my brother, Pat, so that ultimately, by the time Pat died in October, 2005 I owned half the entire herd. Moreover I owned all the sheep as my brother Pat got out of sheep a few years before he died and sold all his interest in the sheep to me. Accordingly, in the referenced years for the purpose of acquiring the Single Farm payment Entitlements, half the livestock on the lands belonged to me and my brother, Pat shared the entitlements with me. There was no differences between Pat and myself in our dealings. In other words we shared the workload, we shared all the expenses, and we shared the profit and income from the land.

Bones of Contention with Mr. Robert Marren administrator for the estate;

Mr. Robert Marren, Solicitor allowed confusion to arise in relation to the exact disbursement of funds held by him;
Grossly delayed, without reasonable explanation, the administration of the estate, the deceased person having died in 2005 some ten years ago;
Mr. Robert Marren, Solicitor showed a complete disregard for the interests of the beneficiaries, whom Mr. Marren, Solicitor, knew to be elderly, and by his conduct is depriving two of the beneficiaries, of the enjoyment of their share in the estate;
Provided an inadequate professional service and it is not of a quality that could reasonably be expected of a solicitor. There is no good reason why Mr Marren did not “bite the bullet” and pay over the full 1/6 share when he received the funds way back on 27th of May 2013.
Being reluctant to resolve the issue in isolation to the rest of the Estate;

Not provided the detailed bill of costs to include a detailed breakdown of how the figure of €40,892.53 representing fees paid to Robert Marren & Co. were arrived at;
Mr. Robert Marren, Solicitor brought the solicitors profession into disrepute;
Denied me a share in the farming profits, to the extent that I was working for nothing over the 9 years in question from October, 2005 through to 2013;
Provided an inadequate professional service and it is not of a quality that could reasonably be expected of a solicitor with regards to the explanation he provides to explain how he arrived at his decision to award the moneys received from the sale of Pat Gavin’s livestock together with the Gross payments received from the Department of Agriculture without deducting any expense for the minding, looking after, feeding and caring for the animals for the nine years from 2005 to 2014;
Delayed making the decision regarding my share in the farming profits and rightful share of the grant monies received from the Department of Agriculture until the very end with the draft distribution account that contained countless errors on 18th September, 2014. I was lied to countless times and led to believe that I would be refunded at closing by some of the beneficiaries. Why did Mr. Robert Marren, Solicitor, Mullingar make a decision around March 2013 to accept my claim to owning half the livestock and all the sheep? But yet for no logical reason refuses to award me the net amount €xxxxx.11 due to me out of the Single Payment Entitlements representing my ½ share in the profits from farming the lands, which was also sent to Mr. Robert Marren, Solicitor, Mullingar on the 5th of December, 2015 for his consideration. There is no good reason why he took advantage of my good nature and delayed his decision in this matter until the end;

Mr. Robert Marren, Solicitor squandered the Estate assets by hiring an additional accountant against my wishes at a cost of €8,751.45;
Accounting mistakes and lack of clarity;
Forced me to incur additional unnecessary expenses in drafting documents and letters time and time again to prove my claim;
Not furnished a detailed statement of all the legal costs to his client. Under Section 68 of the Solicitors (Amendment) Act, 1994 provides for charges to clients. Under these provisions a solicitor should furnish a detailed statement of all the legal costs to his client;
Not furnished a copy of Solicitor T & N McLynn’s Solicitors, Athlone Bill of Costs for the handsome fee of €38,941.00;
Provided incorrect invoice for Catherine O’Conner Accountant. Catherine O’Conner’s invoice states Total Amount Due €584.25 while Cash Account dated 18th July, 2014 “Fees paid to Catherine O’ Connor €6,857.25;
Not provided an invoice for William Penrose B.L. or explanation of why his opinion was sought for €1,230.00;...