Dáil Éireann Debate, Tuesday - 24 July 2018
813. Deputy Darragh O'Brien asked the Minister for Justice and Equality the average waiting times for each probate office to provide a grant of probate and a grant of letters of administration; his views on whether probate offices are providing a timely service in all areas; his further views on whether they have adequate resources and staff to provide a timely and efficient service; and if he will make a statement on the matter. [33200/18]
Amharc ar fhreagra814. Deputy Darragh O'Brien asked the Minister for Justice and Equality the status of the review of the probate system by the Courts Service; when it will be implemented; and if he will make a statement on the matter. [33201/18]
Amharc ar fhreagra903. Deputy Michael McGrath asked the Minister for Justice and Equality the number of probate cases being processed; the expected turnaround time for dealing with probate cases; the number of residential homes in the probate system; and if he will make a statement on the matter. [33798/18]
Amharc ar fhreagraI propose to take Questions Nos. 813, 814 and 903 together.
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.
However, in order to be of assistance to the Deputy, I have had inquiries made and the Courts Service has informed me that the final Report of the Probate Services Review Group was submitted to and approved by the Board of the Courts Service on the 23rd April 2018. The Review makes a number of recommendations as set out in the Report in relation to:
- Improvements to existing business processes (some of which are already underway);
- Communication with the District Probate Registries;
- re-allocation of functions;
- ICT efficiencies including the development of online filing functionality, through an eprobate system and electronic data exchange with the Revenue Commissioners.
Work has now commenced on planning for the implementation of these recommendations. I wish to inform the Deputy that the waiting times have reduced dramatically and are now in line with the normal waiting times for work of this nature. Work has begun on the medium term objectives including amendments to the Rules of The Superior Courts and changes in work practices and processes.
The current processing time for applications to the Principal Probate Registry in Dublin are as follows:
- 5 weeks – applications from solicitors
- 12 weeks – personal applications
The processing time for applications in the District Probate Registries are set out as follows.
|
County |
Processing time |
|
Cork |
10-12 weeks |
|
Letterkenny |
20 weeks |
|
Sligo |
18 weeks |
|
Castlebar |
6 weeks |
|
Galway |
18 weeks |
|
Cavan |
4 weeks |
|
Dundalk |
10 weeks (6-7 weeks for lay litigants) |
|
Mullingar |
11-12 weeks |
|
Limerick |
12 weeks |
|
Clonmel |
4-6 weeks |
|
Tralee |
10 weeks |
|
Waterford |
12 weeks |
|
Kilkenny |
8 weeks |
|
Wexford |
8 weeks |
Probate Cases currently on hand in the Districts (as at 23 July 2018):
|
County |
No. of Probate Cases |
|
Cork |
508 |
|
Letterkenny |
180 |
|
Sligo |
134 |
|
Castlebar |
71 |
|
Galway |
170 |
|
Cavan |
37 |
|
Dundalk |
149 |
|
Mullingar |
70 |
|
Limerick |
296 |
|
Clonmel |
112 |
|
Tralee |
65 |
|
Waterford |
69 |
|
Kilkenny |
102 |
|
Wexford |
113 |
|
Total |
2,076 |
Information on the number of cases processed annually by the Principal Probate Registry and the District Probate Registries is set out in the Courts Service Annual Reports. The Annual Report for 2017 shows as follows:
|
-- |
Incoming 2017 |
Incoming 2016 |
Resolved 2017 |
Resolved 2016 |
|
Principal Registry |
8,231 |
8,705 |
8,287 |
8,098 |
|
Local Registries |
8,373 |
8,407 |
7,793 |
7,854 |
|
Total |
16,604 |
17,112 |
16,080 |
15,952 |
The Principal Registry in Dublin has already issued 6,659 grants in the first six months of 2018 and has 800 cases on hand at present.
Statistics are not maintained on the number of probate applications for residential homes and could only be compiled by the examination of each individual probate file which would involve the expenditure of a disproportionate amount of staff time impacting adversely on the work of the office.
