The Gazette 1964/67

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the local authority and an appeal taken to the Minister a further period of time must necessarily elapse before a decision is finally obtained, particularly in cases where objections to the proposed plan may have been lodged by adjoining owners or occupiers. In such cases it would presumably be necessary for the Department of Local Government, not only to inspect the plans or the site but also to communicate with and consider the submission of objectors. In the view of the Council it would be impossible for a purchaser to have his deed of transfer registered in the Land Registry during all this period because the consent of the Land Commission would not become operative until the planning per mission was obtained and indeed would not be operative at all if the application for planning permission proved to be unsuccessful. The application for subdivision is made by the vendor. He is not concerned with, nor has he any knowledge of the use which the purchaser proposes to make of the property when sold. It is unreasonable that an applic ation by a vendor for consent to subdivision should be affected by or conditional upon something which may or may not arise after he has sold the property. Surely the question of planning permission is a matter for the purchaser. Both he and his legal advisors must be assumed to know the law relating to development and planning. The Council would be obliged if you would give this matter your favourable consideration as we are receiving a number of letters from members. Yours sincerely, ERIC A. PLUNKETT, Secretary. NEW COSTS AT THE PROBATE OFFICE IRISH FARMERS' JOURNAL DECEMBER 12th When the owner of a farm dies it is advisable to take out a grant of representation. This term covers the situation whether there is a will made or no will made. It can be safely presumed that when the new Suc cession Act becomes law in about a month there will be a lot of publicity about succession and people will be asking themselves questions about this business ot taking out grants of representation. The biggest question that will have to be answered is: What is it going to cost? This year, costs were increased and a new scale of fees, payable in the Probate Office and District Probate Registries, has been pub lished. The scale of fees is related to the net value of the estate. This means to the final value of both iand and personal valuables. If the net estate does not exceed:

15,000 20,000 .................................... .................................... Where the net estate exceeds the value of £20,000 on the first £20,000 a fee of On every £1,000 or fraction thereof by which the value exceeds £2,000 an but does not exceed £100,000, an additional fee of

29 10

29 10

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15

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These the Probate Office. They do not include what you would fees are simply what you would pay to

pay to your family solicitor. However, from January 1,

the new Succession Act

becomes law, application to there will be new emphasis on personal the Probate Office. In effect, the Act provides added incentive for people to handle their own business in this regard by going direct to the Probate Office in Dublin or to one of the District Probate Registries, providing all the information that is required and leaving it to the officers there to prepare the necessary documents for them. Where the grant is sought by personal application there is in addition to any other fee, a charge as follows: Where the net estate does not exceed the value of:—

200 300 400 500 650 7 10 0

250 500 750

1,000 1,500 2,000

Where the net estate exceeds the value of £2,000 but does not exceed the value £10,000 on the first £2,000 a fee of .................................... On every £1,000 or fraction thereof by which the value exceeds £2,000 an additional fee of ........................

7 10

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1

10

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Where

the the value of £10,000 ........................A fee equal in amount to the fee net estate exceeds

listed in the first table of charges.

In 95 per cent of cases the cost ends there, but, the other 5 per cent may, because of complications, have to go to Court, and this must be kept in mind as another expense for the unfortunate few. The Society replied to the Editor of the Farmers' Journal as follows : — Dear Sir, The article in your issue of December 12th under the title "New Costs at the Probate Office" may be misleading, without clarification. The figures given as to the fees payable at the Probate Office, i.e., fees collected by the Government (not solicitors' costs) are correct. It is of interest to compare the fees payable in 1965 with the new fees imposed in 1966. The 1965 fees on a farm of £5,000 were £9-10-0. These were in creased to £19-10-0 by the 1966 Order and in ad dition if the applicant applies in person for the grant there is a further fee of £12 making a total of £31-10-0. Your contributor, however has not mentioned the fact that death duty is also payable, and before the grant of probate or administration can be issued the schedule of assets must be passed at the Estate Duty Office and 96

2 10 3 10 4 10 0 600 7 10 0 9 10 0 0 0

100 200 300 450 600 800

11 10 12 10 13 10 15 10 17 10 19 10 20 10 21 10 22 10 23 10 24 10

0 0 0 0 0 0 0 0 0 0 0

1.000 1,500 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000