Changes to probate procedure – What does this mean for you?

In an attempt to simplify and make the probate process more efficient, the Revenue Commissioners have now replaced the Inland Revenue Affidavit (also known as the Form CA24) with a new online form called the Statement of Affairs (Probate) Form SA2.
Those of you who have gone through the probate process before will be familiar with the old form Inland Revenue Affidavit which was a 20 page document covering the personal details of the Deceased, the assets and liabilities of the Deceased, the beneficiaries of the estate and the approximate values being taken by each such beneficiary. This form had to be completed and sworn by the executors. It was then submitted to the Probate Office with the application papers for probate.
What does the Statement of Affairs (Probate Form SA2) involve?
The main difference is that the Form SA2 is completed online and submitted to the Revenue directly via Revenue Online Service. This must happen before the probate application is lodged in the Probate Office. The information captured by the old form Inland Revenue Affidavit is largely the same in the new Statement of Affairs Form SA2.
What are the changes?
Much of the new information required reflects updates on how we do business. For example, we now have to give details of Eircodes of properties, email addresses of executors and IBANs for bank accounts of a deceased. Providing this information does not present much of a challenge as it will be readily available.
More information is now given on beneficiaries and the changes of note are as follows:-
• Previously, the details of a beneficiary and the value of that beneficiary’s inheritance was only recorded in the Inland Revenue Affidavit where the value of the inheritance taken by that beneficiary exceeded €16,750. This figure has now been reduced to €12,000.
• Beneficiaries now need to provide their domicile and date of birth.
• In the new Form SA2, a beneficiary now must list all gifts and inheritance taken since 1991 regardless of whom that gift or inheritance came from.
Conclusion
Whether or not the new Form SA2 will speed up probate applications remains to be seen. It does require the executor to provide more information on the estate and beneficiaries than before, which inevitably could delay matters. Whilst filling out the form online will be quicker than the completion of its predecessor the delays most likely will arise in the excavation of the information required by the Revenue before the form itself can actually be submitted. In addition, some personal applicants whom are unfamiliar with the ROS system will find it difficult to navigate and complete. Time will tell if it is a success or not.
For further information this topic, please contact Brendan Sharkey at bsharkey@reddycharlton.ie