Dáil debates

Thursday, 25 May 2023

Ceisteanna Eile (Atógáil) - Other Questions (Resumed)

Probate Applications

10:20 am

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
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14. To ask the Tánaiste and Minister for Justice and Equality the plans in place to reduce delays in the Probate Office; and if he will make a statement on the matter. [24653/23]

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
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I appreciate that the probate process involves a series of administrative steps, which includes the submission of documents, the verification of assets and the assessment of tax obligations. Unfortunately, however, there are undue delays in the Probate Office, which is causing difficulty and anxiety for applicants, especially those who are dealing with a deceased person's estate. What plans are in place to reduce delays, especially in my constituency of Mayo, in processing probate applications?

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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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.

10:30 am

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
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I thank the Minister of State for his response but must highlight that, from what I have witnessed, delays can be from 11 to 12 weeks for some personal applications in Castlebar. The probate officer retired last October and was replaced only in the past few weeks. Therefore, there are genuine concerns. The matter is causing considerable stress among solicitors and their clients, who are waiting for weeks on end to have applications processed. I ask that we be swifter in resourcing our public appointments system to resource our probate offices. They are really important. Applications are currently being sent to Dublin from Castlebar, which is unacceptable. We need to reverse the trend and ensure probate can be processed swiftly.

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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I certainly hear the Deputy. This is a matter we are familiar with. We want to speed up the probate process. I can confirm that a competition has been run through the Public Appointments Service to fill the country registrar vacancy in Mayo–Roscommon. That post has now been filled, with a decision having been taken by the Government on 23 May. I can further advise that where vacancies arise, arrangements are in place to ensure the operation of the district probate registry will continue to meet the needs of the public.