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Probate Applications

Dáil Éireann Debate, Tuesday - 15 June 2021

Tuesday, 15 June 2021

Questions (1107)

John Paul Phelan

Question:

1107. Deputy John Paul Phelan asked the Minister for Justice the reason the fees imposed on personal applicants in respect of probate applications is far greater than the amount which solicitors are charged; and if she will make a statement on the matter. [30677/21]

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Written answers

As the Deputy will 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. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided me with the following update in relation to probate fees.

The fees or stamp duty charged by the Courts Service in respect of personal applicants are set out in Part 8 of the Superior Court Fees as per S.I. No. 492 of 2014, as amended. This provides that the total fee payable for a grant sought by a personal applicant under certain headings shall be double that charged if the grant is not sought by personal application e.g. a solicitor.

The Courts Service advises that the difference in the fee charged reflects the work involved. The Probate Office will complete the documentation for a personal applicant. It does not offer this service for solicitor applications.

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