Dáil Éireann Debate, Thursday - 20 November 2014
85. Deputy Niall Collins asked the Minister for Justice and Equality if she is satisfied with the current operation of legal services with regard to probate; if her office has received complaints or has been made aware of issues surrounding how the legal professions act with regard to probate; and if she will make a statement on the matter. [44718/14]
View answerMatters relating to wills and probate are generally subject to the provisions of the Succession Act 1965. 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 of probate which may also be the subject of ongoing legal dispute between any of the parties concerned. It should also be pointed out that a number of these matters come within the remit of the Probate Office, which is not a Government office but operates under the 'non-contentious' probate jurisdiction of the High Court. Further information relating to the Probate Office, which has a number of district branches, can be found on the website www.courts.ie.
While I do from time to time receive correspondence relating to probate matters and while the general issues so raised may come to inform policy and legislative change, I am not, as Minister, the appropriate authority to deal with specific or individual complaints in this area. Should a client have concerns about the conduct of a solicitor in dealing with specific 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 www.lawsociety.ie 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 www.distrib.ie 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 (www.independentadjudicator.ie). Should it be considered in their best interests, aggrieved clients may also choose to pursue their case through the judicial process.
