# When does a will become a public document?



## Vanilla (15 Sep 2009)

Someone asked this a few weeks ago and another poster mentioned changes were afoot in relation to obtaining copies of documents once probated. The position now appears to be:

A will becomes a public document once a grant of probate has issued from the probate office. 

The grant of probate is basically a document giving power to the executor or administrator ( in which case it is called a grant of administration) to deal with the assets of the deceased. 

In order to apply for a grant of probate one must first obtain clearance from the revenue commissioners. This is done by submitting a schedule of assets and debts of the deceased to the Revenue Commissioners and asking them for clearance. This document is called the Inland Revenue Affidavit. The Revenue Commissioners, when satisfied, issue a 'Certificate for the High Court' which is a certificate stating that payment of tax has been deferred for now and the applicant can now apply to the Probate office.

Then the executor or administrator applies to the probate office filing some necessary paperwork with them including the Inland Revenue Affidavit.. If all is in order the Grant issues and at this stage becomes a public document. 

Anyone can then obtain a copy of the will and grant by attending at the Probate office and paying a small fee. However new rules have come in in relation to obtaining a copy of the Schedule of Assets or Inland Revenue Affidavit- under the new rules only a beneficiary or a Government official can obtain a copy of this document.


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## Bronte (16 Sep 2009)

Vanilla said:


> under the new rules only a beneficiary or a Government official can obtain a copy of this document.


 
Where does the new rule come from?  Is it a new law?


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## Vanilla (16 Sep 2009)

Under s.42 of the Succession Act 1965 the President of the High Court can give directions in relation to documents lodged in the Probate Office. This is a new such direction and actually came into force on the 25 May last. Members of the Law Society were only advised of it recently in the Gazette but I had occasion a few weeks ago to seek an old IRA and was told about it by the local Probate officer.


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