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03/01/2019

26,000 Homes Potentially Impacted By Delays In Probate

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Around 26,000 homes are being potentially impacted by delays in probate each year, according to new information obtained by Fianna Fáil.

The new figures show the waiting times for probate in Ireland vary from four to 20 weeks, a significant increase from England's average three-four week wait.

The data was discovered by Royal London in a recent survey here, which showed the overall waiting time nationally from a person's death to the distribution of their assets is 16 months.

Fianna Fáil Spokesperson on Housing, Darragh O’Brien TD said: "In comparison to other countries, probate tends to take an inordinate amount of time to be processed in Ireland. The data I have received through Parliamentary Question indicates that the average wait in Donegal is 20 weeks, its just four weeks in Cavan while Dublin has an eight week average waiting time.

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"Families are not only dealing with grief but they are possibly coping with funeral costs and other expensive arrangements too. The lengthy wait to inherit the deceased's estate means that these families are under significant stress to cover any outstanding bills.

"Meanwhile, the Department has confirmed that the review first announced in June 2016 has not yet been implemented. These waiting times have a broader impact on the housing market across the country as up to 26,000 homes per annum are caught up in legal red tape. This reduces the number of family homes available and increases the vacancy rate nationally.

"I am calling on the Government to assist in streamlining the probate system with the aim of reducing waiting times and lowering the legal costs involved. A revamped system will require additional staff, e-probate procedures, access for lay applicants, simplified structure for low threshold inheritance claims and simplified Revenue Inheritance Tax claims forms."

The Department of Justice also confirmed that a group tasked with reviewing probate in Ireland, which was announced in June 2016, has still not been established.

(CM/MH)

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