S.I. No. 80/2021 - Supreme Court, Court of Appeal and High Court (Fees) (Amendment) Order 2021


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th February, 2021.

I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by section 65 (as amended by section 66 of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) of the Courts of Justice Act 1936 (No. 48 of 1936) (as adapted by the Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 452 of 2020 )), with the consent of the Minister for Public Expenditure and Reform, hereby order as follows:

1. (1) This Order may be cited as the Supreme Court, Court of Appeal and High Court (Fees) (Amendment) Order 2021.

(2) This Order comes into operation on 1 March 2021.

2. The Supreme Court, Court of Appeal and High Court (Fees) Order 2014 ( S.I. No. 492 of 2014 ) is amended in Schedule 1 by the substitution of the following for Part 8:

PART 8

FEES PAYABLE IN THE PROBATE OFFICE AND DISTRICT PROBATE REGISTRIES

Item (1)

Fee (2)

1

For every application for an order of a Probate Officer, Assistant Probate Officer or District Probate Registrar

€50.00

2

For every certificate signed by a judge as to the authority of any person to act in a specified capacity or for any similar certificate

€30.00

3

On the submission to the Probate Office or the District Probate Registry of an application for a primary grant of representation -

(a) where the net value of the estate does not exceed

€100,000

€250,000

€500,000

€750,000

€1,000,000

€100.00

€200.00

€350.00

€500.00

€650.00

(b) where the net value of the estate exceeds €1,000,000 -

(i) for the first €1,000,000

and

€650.00

(ii) for every €500,000, or fraction thereof by which the value exceeds €1,000,000, a further fee of

€400.00

4

For every double, cessate, unadministered or duplicate grant of representation

€150.00

5

Where any grant is sought by personal application

The total fee payable shall be double the appropriate amount that would be chargeable under the item at reference number 3 or 4 of column (1), as applicable, were the grant not sought by personal application

6

For lodging or re-entering any motion paper, whether ex-parte or on notice

€100.00

7

On lodgement of a corrective affidavit.

The correct fee under the item at reference number 3 or 5 of column (1) as appropriate less the amount of the fee previously charged subject to a minimum fee of €50.00

8

For the entry of any caveat

€100.00

9

For filing any warning, citation or subpoena or any appearance to any warning, citation or subpoena

€30.00

10

For every search made by an Officer of the Probate Office or of a District Probate Registry for which the officer is requested to search for a will or codicil or for any record of a grant or any other document filed in the Probate Office or in a District Probate Registry, including the inspection of any original will or codicil or any record of a grant

€20.00

11

For all searches made on any one day by the representative of a newspaper or group of newspapers (the representative must state on the search docket his or her name and that of the newspaper or group of newspapers which he or she represents)

€120.00

12

For any official copy of any will, grant or other document (other than an inland revenue affidavit)

€15.00

13

For a sealed and certified copy will or grant

€20.00

14

For a sealed and certified copy will and grant bespoken at the time of lodgement of the application for grant of representation

€25.00

15

For an attested copy of an inland revenue affidavit

€25.00

”.

The Minister for Public Expenditure and Reform consents to the making of the foregoing Order.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

23 February, 2021.

MICHAEL MCGRATH,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

23 February, 2021.

HELEN MCENTEE,

Minister for Justice.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order amends the Supreme Court, Court of Appeal and High Court (Fees) Order 2014 ( S.I. No. 492 of 2014 ) in respect of fees payable in the Probate Office and District Probate Registries.