Dáil Éireann Debate, Thursday - 27 April 2023
326. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the procedure regarding grants in respect of an agricultural holding during probate; if the new farmer can retrospectively claim payments in respect of the probate time period; and if he will make a statement on the matter. [20199/23]
View answerFollowing the death of a farmer, the Inheritance Enquiry Unit of my Department provides advice and assistance relating to the transfer of agricultural schemes in which the deceased farmer participated. The Department requires a copy of the will of the deceased and a copy of the Grant of Probate once available. Where the deceased has died Intestate, a copy of the Letters of Administration should be provided when available.
In the period where the Legal Representatives of the estate are awaiting the issue of a Grant of Probate, schemes can be applied for by the Executor/Legal Representative of the deceased. Any payments that fall due for schemes applied for in this way will be released to the estate on receipt of a certified copy of the Grant of Probate.
Alternatively during the period where the Grant of Probate is being processed and where the herd number has been transferred to the new farmer, schemes can be applied for by the new herd owner. Once the terms and conditions for these schemes have been met, payments will issue to the new herd owner. Retrospective claims are generally not permitted under farm schemes because demonstration of compliance is very difficult in such circumstances. However, in exceptional circumstances, such applications may be assessed on a case by case basis, and if the Deputy has a particular situation in mind, the Inheritance Enquiry Unit in my Department is available to offer every assistance in these matters.
