Proposals to streamline conveyancing and probate

30/07/2024 11:08:46

The Housing for All Expert Group on Conveyancing and Probate has published its Final Report and Recommendations on a review of conveyancing and probate processes.

The Report makes recommendations to reduce delays and associated costs in both processes.

In recognising the significant length of time that it takes to complete both processes, the Expert Group recommends sets of principles for conveyancing and probate as basic parameters for efficient and consumer-friendly processes. The principles relate to basics such as:

  • availability of sound and uniform public information and guidance;

  • target maximum timelines for the processes; and

  • what consumers are entitled to expect from professionals, State bodies and financial institutions on whom they will be dependent in the processes.

The Report proposes that the implementation of the recommendations will be overseen by an Implementation Group. 

Conveyancing

In respect of the conveyancing process, the Report notes that multiple players, information sources, and dependencies render the process subject to delay, higher costs, potential to fail and significant stress and difficulty for everyone. The Report states that limited use of IT and digital tools is hampering the development and adoption of eConveyancing.

The principal recommendations in relation to conveyancing include:

  • a national target to complete the conveyancing process within eight weeks;

  • an information and public awareness campaign to ensure that buyers and sellers are better prepared for the conveyancing process;

  • simple changes in the law to remove outdated requirements; and

  • eConveyancing to be fully implemented by end-2027.

Probate

In respect of the probate process, the Report notes that probate can take up to 18 weeks to complete, depending on the complexity and accuracy of applications. The Expert Group welcomes the Court Service eProbate project and projected plan to go live in 2025.

The principal recommendations regarding the probate process include:

  • a target of eight weeks to complete the Probate process;

  • extended opening of the Probate Office;

  • concerted effort to reduce errors/omissions in applications; and

  • introduction of an ‘expedited’ channel / partial probate mechanism to provide urgency screening, prioritisation of extremely pressing cases and granting of partial probate so that conveyancing of a house in probate can be completed.

The Law Society will continue to engage with the Housing for All action plans and the forthcoming Implementation Group to ensure that both the conveyancing process, and the probate process can become more efficient and deliver for solicitors and for consumers. 

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