Dáil debates

Thursday, 25 May 2023

Ceisteanna Eile (Atógáil) - Other Questions (Resumed)

Probate Applications

10:20 am

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

As the Deputy may be aware, the Probate Office is an office of the High Court. Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in its functions. Probate functions are also carried out by county registrars at district probate registries in 14 provincial offices. Those officeholders are also independent in carrying out their functions. I assure the Deputy that every effort is made by the Courts Service to ensure that probate services are adequately supported with staff, training and other resources and that the public are assisted in dealing with what can be a complex and sensitive matter.

The law in this field is also kept under ongoing review. Last November, the Government approved an amendment to 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 a deceased person. That amendment will allow district offices to process and issue standard grants more efficiently, allowing shorter probate processing times. The amendment is part of the Courts and Civil Law (Miscellaneous Provisions) Bill, which will complete the legislative process this summer.

An eProbate project has been identified as part of the courts modernisation programme and an initial budget allocated to the Courts Service to facilitate the commencement of the project, which is expected to be delivered in 2024.

It is envisaged that eProbate will include a single point of contact for all applications, leading to faster and more efficient processing of applications.

At the same time, the Courts Service is aware of its need to reduce waiting times while the eProbate project is under way. It is prioritising the recruitment of additional staff to help reduce waiting times in the district probate registries. This has led to a reduction in waiting times since the start of the year across several locations, including Castlebar, Cavan, Galway and Limerick.

The Deputy may be aware that one of the main reasons for delays is the number of invalid applications received in the Probate Office. It is intended that, as part of the development of the new system, the application process will be simplified for users, and there will be reduced opportunities for errors, thereby speeding up the process. In addition, by reducing the number of invalid applications, the development of the new system will allow staff resources to be better utilised in processing other applications for the benefit of the public.

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