Dáil Éireann Debate, Tuesday - 7 March 2017
96. Deputy Michael Ring asked the Tánaiste and Minister for Justice and Equality if she will ascertain from the Courts Service when the grant of probate will issue in a case (details supplied) in view of the fact the delay is causing undue hardship. [11258/17]
Amharc ar fhreagraAs the Deputy may be aware, the Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service which is independent in exercising its functions under the Courts Service Act 1998. Probate functions are also carried out by County Registrars at District Probate Registries in a number of provincial court offices.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that while the staff member who dealt with probate matters in the Castlebar Office retired recently, management in the office were aware of the pending retirement and another staff member in the office has been trained and has commenced processing probate applications. The Castlebar Office will be reviewing all cases to identify urgent cases and priority will be given to probate applications where it is considered that extenuating circumstances so warrant. It is open to the executor, in the case referenced, to make an application to the Probate Section of the Castlebar Court Office to have the probate matter expedited, if they have not already done so.
The Courts Service has also informed me that the current waiting times in the Probate Office in Dublin for Grants of Representation are 20 weeks for applications lodged by a solicitor and 28 weeks for personal applications. There have been a number of staff changes in the Probate Office during the last year due to retirement and promotion and this has impacted on the waiting times. The examination of probate applications requires a thorough legal examination of documents and it takes a new staff member a period of at least six months to acquire a satisfactory knowledge in this area. As new staff members become more proficient, the waiting times will reduce. Additional staff resources are now being provided in Dublin to address the current situation and I am optimistic, subject to full staff capacity being in place, that there will be a reduction in waiting times this year. Efforts continue to be made to give priority to urgent applications. The backlogs in the probate system are a cause for concern and review of the probate system is being carried out at present. It is anticipated that a report with recommendations for the modernisation of the process will be presented by mid 2017 to the Senior Management Team of the Courts Service and to the Courts Service Board for their consideration.
