Dáil Éireann díospóireacht -
Wednesday, 5 Feb 1986

Vol. 363 No. 8

Written Answers. - Probate on Letters of Administration.

71.

Mr. Cluskey

asked the Minister for Justice if any instruction has been given through the Revenue Commissioners which prevents citizens of small means, including unemployed persons and servant pensioners of local authorities, from availing of the traditional facilities to personally take out probate or letters of administration, especially where the estate consists mainly of a dwelling erected under the Labourers Act and/or superannuation benefit under the Local Government/Superannuation Acts, 1956 and 1980; and, if so, he will authorise the Revenue Commissioners to restore this very essential service for people of small means.

72.

Mr. Cluskey

asked the Minister for Justice the reason citizens of small means, including unemployment persons, have been refused the traditional facilities to personally take out probate or letters of administration at the Probate Office, or Four Courts, especially where the estate consists mainly of a dwelling erected under the Labourers Acts and which has remained in the occupation of the same family and where no disputes exist; and if he will restore this very essential service for people of small means.

Minister for Justice (Mr. Noonan,

Limerick East): I propose to take Questions Nos. 71 and 72 together. Under section 35 of the Succession Act, 1965, an application for a grant of probate or letters of administration may be made to the Probate Office either in person or through a solicitor. I am not aware that any person seeking to make an application has been refused but if the Deputy gives details of any such case I will make inquiries into the matter. I should add that there are delays in dealing with personal applications in the Probate Office because of pressure of work.