Transcript generated automatically by AI and may contain errors.
Chapter 1: What is the main topic discussed in this episode?
The Clare Byrne Show on Newstalk with Aviva Insurance.
Chapter 2: What changes are coming to the probate system?
Now we're going to talk about wills and probate because there are changes coming to how the probate system works, which could mean that the entire process will be faster. And anyone who has been through this will surely welcome those changes. Joanne Leach is head of probate at Callan Tansey Solicitors and she joins me now. Good morning, Joanne. Good morning, Clare. Thanks for having me on.
You're very welcome. So we believe, according to reports over the weekend, that this digital change now is going to be rolled out right across the country. But you and your company were involved in a trial of this system, weren't you?
That's correct, Clare. Yes, currently we are part of a pilot scheme for e-probate with the Probate Office. So our firm, along with a number of other firms across the country, have been asked to partake in the pilot scheme. So we've been involved the last couple of months with this scheme, trialling it, and it's fantastic.
Through this scheme, the applications that are being submitted, the grants are issuing in approximately two to three weeks. So it's hoped that it will be rolled out nationwide over the coming months or so. So it is completely overhaul the probate system as we know it. OK, so you said two to three weeks compared to what?
So normally with the paper based application, the current regime, it's taken approximately 12 to 14 weeks overall. for the grant of probate to issue once the papers are lodged with the probate office. So you can see there's a huge difference in terms of the wait period. So it's reducing it from 12 to 14 weeks down to 2 to 3 weeks, which is significant.
And tell me, what are the problems associated with that lengthy wait of months for probate to issue?
Currently, it's a paper-based application. And where the issues are arising, it's with some of the paperwork that is being filed as part of the application. So one of the documents that's filed with the original will with the probate office is called an oath for executor. So basically, that's a sworn document by the executor stating their entitlement to extract the grant, etc.
However, that form can be prone to errors. And it's because of that that there are queries being raised by the probate office in connection with that paper application. And that is a lot of the reason why the applications are taking so long, because the papers are either being rejected or they're being queried, being sent back to the solicitor immediately.
amendments are required and they're re-launched again. So I think that's a lot of the reason why currently the applications are taking so long.
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Chapter 3: How is the e-probate pilot scheme improving the process?
Obviously, there's monies tied up in accounts. People need money to pay off bills incurred in the administration of the state, etc. So if the grants can issue a lot quicker, it just speeds up the process completely and just makes it easier for the families involved so that they can get access to funds quicker.
in order to pay off bills etc you know there could be farms there could be a farmer that has passed away and his assets are frozen his accounts are frozen and family members are looking after the farm and if they have to wait a considerable period of time for the grant of probate to issue that obviously causes unnecessary hardship for them and
So, yeah, e-probate is coming and hopefully it will improve things for the better.
Well, it sounds like it's going to be transformative, but it does mean that everybody who is dealing with this, so the person who is inheriting, will need to be very well set up on their system. They will need to have email and they'll need to be literate on their, digitally literate.
yeah so so what happens is that the executor so the executor is the person applying for the grant of probate they will need to have an email address in order to partake in e-probate they will also need to have a mobile number so what happens is when the information is submitted into the court service portal the court service will automatically send an email link to the executor.
The executor then will have to click on the link, enter their mobile number, they'll get a code text to their mobile number, they input that and then they view the document that the executor
what it's known as a statement of truth, approve that and then the solicitor gets the notification that that's been approved by the executor and then literally we print off an acknowledgement and send that with the original will to the probate office.
Sorry Joanne to cut across you there. I was going to ask you, did you find when you were involved in the pilot scheme that there were many glitches to it or did it work pretty well?
There was, obviously there are some glitches because it's a very new system. There are certain glitches. Now, initially when this pilot scheme was rolled out, The probate office required the executor to actually set up an account with the court service before they could actually get the email link. But now they've realised that that's not going to work.
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Chapter 4: What are the current wait times for probate applications?
Would they break your heart, in other words?
Yeah, look, I've been doing probate a long time now at this stage. They are. They're frustrating. Now, we were at a point where we were waiting 20 plus weeks for grants to issue, which was completely frustrating. Now they have it down to 12 to 14 weeks, which, albeit an improvement It's still a long time for a grant of probate to issue.
So hopefully with the rollout of e-probate, if we can get grants in two to three to four weeks, it's going to be a major change for the way in which we're able to run probate files. It will just speed up the process considerably.
Does this also eliminate the problem of where is Mary's will? Because it'll have to be filed now digitally, won't it?
No. So the original will will still need to be submitted to the probate office. Oh, the hard copy. Yes. The original will will be the only document that is actually being submitted to the probate office. So currently under the normal scheme, you'd submit your original will, your original death search, your original affidavits, etc. Whereas with e-probate,
The intention is that the only original document that you will be sending to the probate office is the original will. Everything else will have been uploaded online via the online system.
You'll still have to go searching for the original will in the old biscuit tin if you can't find the solicitor who dealt with it, in other words. But apart from that, everything else should be done online.
Everything else will be done online. Exactly.
Joanne, thank you very much for explaining it to us. That's Joanne Leitch, who's head of probate at Callan Tansey Solicitors. The Clare Byrne Show on Newstalk with Aviva Insurance.
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