asked the Minister for Justice if he is aware that, because of the sharp increase in fees payable to probate officers for applications for administration and probate, hardship is being caused to widows and next of kin succeeding to small estates; if he will take steps to review the existing fees orders so as to substantially reduce the amounts payable, particularly in small estates; and if he will apply the same principle in this regard as is being applied by the Minister for Finance in treating small estates as those in which the net assets on death do not exceed £5,000.
Ceisteanna—Questions. Oral Answers. - Applications for Administration and Probate.
44.
When the fees were being reviewed in 1966, the fees payable by the successors to small estates were kept as low as possible and I cannot hold out any hope of a reduction.
Is it right to say that the fees have been nearly doubled?
No, it is not.
From 30s to £2 10s is very nearly double.
45.
asked the Minister for Justice if he is aware that hardship is being caused to poor persons making personal applications in probate registries for probate or administration in small estates who have to pay in addition to the ordinary probate office fees a special additional and often substantial probate office fee; and if he will alter the regulations to ensure that this service is rendered, in the case of small estates, without such charge to the applicants.
Particular care was taken in 1966 to ensure that the increase in the fees payable by personal applicants bore as lightly as possible on successors to small estates. The increases made in the case of estates up to £2,000 in value were very slight and the main change was the abolition of the ceiling of £5, which applied to all estates over £1,200, and the substitution of a sliding scale.
46.
asked the Minister for Justice if he is aware that great inconvenience, difficulty and expense are being caused to members of the public and to legal practitioners outside Dublin by reason of the existence, in rules approved, confirmed and adopted by him, of a rule prohibiting the principal probate registry in Dublin from entering into correspondence with such persons concerning applications to the registry for grants or concerning other probate business being carried on in that registry; and if he will consider taking the necessary steps to have such rule revoked and also to ensure that, for the future, the principal probate registry will deal by correspondence directly with members of the public and of the legal profession who reside or carry on their business outside the city of Dublin.
I explained in answer to a Parliamentary question on 24th October that provision was being made in new Superior Courts Rules to permit solicitors to deal with the Probate Office by letter, as they are already permitted to do when dealing with district probate registries.
The Superior Courts Rules Committee have not proposed that personal applications should be permitted to be made by letter and I do not consider that such a provision would be advisable or in the best interests of the public.