Progress being made on probate delays

Five months after a group was set up by the Government to address a quicker turnaround in dealing with the legal side of selling a home, two of the bodies involved have said progress is being made.

The Conveyancing and Probate Implementation Group was established last September on foot of a report published by an expert group on conveyancing and probate. The group is working to reduce costly bureaucratic delays for home buyers, with a target of delivering an eight-week turnaround for conveyancing and probate matters involved in purchasing a home.

The initiative is spearheaded by the Government’s Housing for All policy which aims to maximise available housing stock and avoid vacant homes left empty due to a protracted and inefficient bureaucratic process.

A spokesperson for the Law Society, which is one of 12 members of the Implementation Group, said positive and welcome progress has been made.

“The Law Society is engaging with the Courts Service to prepare a brochure that will be available to the public on the websites of the Law Society, Courts Service, Citizens Information and Housing for All. It will set out in plain language when probate is needed, the steps in the probate process, a person’s role in this process, the information they should gather and the options for proceeding with or without a solicitor,” the spokesperson said.

“Waiting times for probate applications have shortened considerably and applications are now being reviewed within four weeks of being received by the Probate Office.

“To gain real momentum and deliver on these targets, the Government must look at delivering legislative reforms to modernise and improve the efficiency of the conveyancing process, including introducing legislation to facilitate digital signatures and statements of truth. Moving forward quickly on these fundamental steps will make a significant difference to the whole process.” 

Pat Davitt, CEO of the Institute of Professional Auctioneers and Valuers (IPAV), also a group member, said one of the most pressing probate-related issues is the informal passing of property from generation to generation without any legal work being completed.

“The issue of probate affects both those trying to buy property, and those who inherit it,” he said.

“Our members strongly believe that the best way to reduce conveyancing times as proposed by the Programme for Government is to require the necessary legal documents to be included in a legal pack before a property is put on the market.

“When making one of the largest purchases of a lifetime, home buyers often have no certainty that the legal documents and planning permissions are available or in order.

“The Expert Group on Conveyancing and Probate is expected to report in March, and it will be interesting to see how their recommendations shape the future of conveyancing and probate in Ireland.”