Reform of the oath and abolition of the administration board
22 January 2021
Just like the buses, we have been waiting for reform of probate practice for quite a while and now two come along at the one time. We are just getting used to the CA24 changing to Statement of Affairs; now bonds are merging with oaths. I didn’t get into probate to be forced to deal with such white knuckle pace of reform.
So in case you didn’t see some of the recent Law Society ezines, the news is that the form of oaths of executor are changing and oaths and administration bonds are merging into one. These changes will take effect as of 1st March 2021. I attach a link to the SI below. The form of the new oath of executor and oath of administration with bond form part of the appendix to the SI.
The rationale for the change is to limit paper coming into the probate office and thereby reduce waiting times. However, the recent notice from the principal probate office has indicated that all grants are taking 10 weeks and don’t even come near us until that time period has elapsed. (Although I find my local registry pretty good these days).
The precedents appear to be straight forward and pretty much the same as what we have been dealing with before, so what appears to be a seismic change is not that big a deal after all.
All of this is shaping up towards what will be in a time a complete online probate process. We have to embrace this.
Just also note that the fee structure is changing by the 1st of March as well and a new SI will be published on that shortly and when it comes to hand I will share it out.
Hope you have a great weekend.
Link to the new SI here: http://www.irishstatutebook.ie/eli/2020/si/590/made/en/print?q=590/2020&years=2020