Seán Barrett (Dún Laoghaire, Fine Gael)
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Question 604: To ask the Minister for Justice, Equality and Law Reform if there are circumstances where an Irish citizen resident abroad can be granted free legal aid in respect of matters relating to the estate of their deceased spouse; and if he will make a statement on the matter. [48121/08]

Dermot Ahern (Louth, Fianna Fail)
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I wish to inform the Deputy that the Civil Legal Aid Act 1995 makes provision for the grant by the State of legal aid and advice to persons of modest means in civil cases who meet the requirements of the Act and Regulations. The scope of the Act is very broad and covers most areas of civil law. Applications can be made by those living outside the state directly to the Board or through the transmitting authority in the state where they live in connection with the matter within this jurisdiction. A copy of the relevant form is available on the Board's website www.legalaidboard.ie

The applicant must satisfy a means test and be found to be financially eligible under the provisions of the Act and Regulations. In addition to satisfying the means test, a merits test is applied also to each individual application for legal aid. The applicant is liable for a contribution which is also determined under the provisions of the Act and Regulations.