A woman’s complaint of misconduct against a solicitor who charged a €246 “storage fee” for her deceased mother’s will was upheld by the legal services regulator.
The solicitor, who later refunded the fee, sought to justify it on grounds his €80 charge for making the will was on the basis he would also be instructed to administer the estate.
The client, who wanted another solicitor to administer her mother’s estate, complained to the Legal Services Regulatory Authority (LSRA) and it found misconduct against the solicitor.
This, as well as other will and probate complaints, highlight “key lessons” for legal practitioners and consumers, the authority said in its latest complaints-handling report.
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Published on Wednesday for the period covering early September 2025 to early March, the authority reported it received 1,000 complaints about legal practitioners during that time, up 19 per cent on the previous six months.
It closed 1,139 complaints in the same period and directed legal practitioners to pay a total €86,944 compensation to clients and waive/refund a further €79,888 in legal professional fees charged.
LSRA CEO Niamh Muldoon said a significant proportion of complaints continue to be resolved at an early stage with the support of the authority.
“This is often the most effective way to address issues and achieve practical outcomes for both clients and legal practitioners,” she said.
The report highlights the impact delays, poor communication and a lack of clarity can have on clients, particularly in areas such as wills and probate where people may be dealing with difficult personal circumstances, she said.
The LSRA can investigate complaints alleging inadequate legal services, excessive costs and misconduct. Of the 1,000 complaints received during the reporting period, 960 related to solicitors and 40 to barristers, reflecting the higher number of solicitors and their greater contact with consumers.
Most complaints, 781 involved a single ground, with 549 concerning alleged misconduct only and 219 relating only to inadequate legal services. Just 13 alleged excessive costs only, although excessive costs featured in a further 100 complaints.
219 were mixed complaints involving more than one ground.
Of the 1,139 complaints closed, 586 were deemed inadmissible and 130 were not upheld.
240 were resolved with assistance of the LSRA and 86 were upheld. 41 complaints of alleged misconduct were referred to the Legal Practitioners Disciplinary Tribunal (LPDT).
If a legal practitioner fails to comply with a determination of the LSRA or LPDT, the authority can apply to the High Court for an order directing compliance. During the six months, it got nine such orders.
Complaints relating to wills and probate are examined in the latest report as part of a series of themed reports designed to assist legal practitioners and consumers.
Of the total 9,616 complaints received by the authority since its establishment, 671 relate to wills and probate.
Among six case studies included in the report is one upholding a complaint of inadequate legal services against a solicitor who denied receiving instructions to administer an estate.
The executor of the estate complained his relative died six years earlier and the administration was not completed. The LSRA found the solicitor had accepted instructions to act in the administration and had delayed the administration. He was ordered to pay €3,000 compensation.
In another case, the authority deemed inadmissible a woman’s complaint of misconduct taken against a solicitor after her mother left the complainant a house in her will but, after making the will, sold the house. The woman alleged the solicitor should have sought her permission before the property was sold but the authority said the mother was entitled to sell the property during her lifetime and there was no duty on the solicitor to inform the daughter.
