Oireachtas Joint and Select Committees

Tuesday, 22 November 2022

Select Committee on Justice and Equality

Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 68:

In page 18, between lines 22 and 23, to insert the following:

“Amendment of section 36 of Succession Act 1965

33.Section 36 of the Succession Act 1965 is amended—
(a) in subsection (4), by the substitution of “until he has satisfied himself, on the basis of an examination of all notices of applications for grants made to the Probate Office and the district probate registries,” for “until he has received from that Office a certificate”, and

(b) by the deletion of subsections (5) and (7).”.

Amendment No. 68 relates to streamlining the probate process. Perhaps, like the Chairman, there have been a number of solicitors who have been hoping some amendments could be made to streamline the probate service. This amendment is one that will certainly help in such situations. Amendment No. 68 amends section 36 of the Succession Act 1965 to streamline the probate process by allowing a district probate registrar to certify that no other applications have been made in respect of the estate of the deceased person. This is currently done by the courts service personnel and the Dublin Probate Office. This amendment would allow district offices to process and issue the standard grants more efficiently, facilitating a short probate processing time. Amendment No. 79 is an associated amendment to the Long Title.

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