Written answers

Tuesday, 18 November 2014

Department of Justice and Equality

Legal Services Regulation

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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254. To ask the Minister for Justice and Equality the position in relation to legal requirements by solicitors in respect of terms of wills and probate (details supplied). [43755/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The legal requirements in relation to the terms of wills and probate are generally subject to the provisions of the Succession Act 1965 and, as the Deputy will appreciate, it would not be appropriate for me, as Minister, to interpret or otherwise provide what would amount to legal advice on particular matters arising in that regard. Moreover, the circumstances of each case may vary as between someone who has made a will and someone who has died without having done so, and in relation to the legal standing of that person or of a potential beneficiary. I am also aware that other parties concerned in the settling of a deceased's estate such as the banks, financial institutions and the Revenue Commissioners, will have parallel requirements to ensure this is carried out in an orderly fashion in each particular case.

It is my understanding, from inquiries made by my Department, that the Probate Office does not determine when a Grant of Representation needs to be extracted in the estate of a deceased person. Where moneys are held in financial institutions it is for that institution to indicate whether or not they require a grant in order to pay the monies over to the legal personal representative of the estate. Some financial institutions will pay out small amounts of money but the monetary amount in question appears to vary from institution to institution. As far as I can ascertain, therefore, there is no regulatory requirement for a solicitor, when drafting a will, to advise the testator that probate may be required if the amount distributed exceeds a specific threshold.  Rather, it would seem that such thresholds tend to arise under the administrative requirements of financial institutions in releasing funds of deceased customers.

Notwithstanding the above, should a client have concerns about the conduct of a solicitor in dealing with matters relating to wills or probate, then he or she may wish to make a complaint under the Solicitors Acts 1954-2011. Under the Acts the Law Society is the designated regulatory body for solicitors in the State and complaints should be made within that legislative framework. An aggrieved client wishing to make such a complaint under the Solicitors Acts should contact the Law Society directly. Much of the relevant information, including the Society’s contact details, is to be found on the website including guidance on how to make a complaint. The independent Solicitors Disciplinary Tribunal is a further route of redress for anyone who is unhappy with the legal services they received from a solicitor. The Tribunal deals with allegations of serious misconduct and may be accessed directly by members of the public. The website provides guidance in this regard. A request for a review of a decision of the Law Society in relation to a complaint made may also be made at a later stage to the Independent Adjudicator ().

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