§ THE EARL OF RANFURLYasked the Lord Chancellor why probate taken out in England should be acted upon in Ireland, and why probate taken out in Ireland should not be acted upon in England; and whether the Lord Chancellor could see his way to recommend Her Majesty's Government to make such an alteration in the law that persons owning property in both countries, being under one Sovereign and one Parliamentary constitution, should not in future be subjected to the vexatious delays and unnecessary expenses occasioned by the existing system. He said that the matter pressed unduly hard on Ireland, for in 1894 the number of Irish probates proved in England was exactly double the number of English probates resealed in Ireland. Only the other day an Irish probate had to be resealed in England on account of there being a £1 share in some stores, and the cost of the operation was £10.
§ THE LORD CHANCELLORI am delighted to give my noble Friend and colleague—[laughter]—all the information in my power. As I am not familiar with the expense of administration in this matter, I sent the noble Lord's question 826 on to the Judge of the Probate Court, and his answer is certainly inconsistent with the experience of the noble Lord. He writes:—
I believe that the objection to Irish probates requiring resealing before they can be acted on in England is very small, and the difficulties connected with any other course practically insuperable. Last year the Irish grants resealed were 427. If the estate be under £500, the total expense is 2s. 6d. The expense is increased, but to no great extent, in larger estates. If resealing be not required, no grant could be made in either country without a search in both countries to ascertain that no objection exists. Notice in every case must be sent to England from every Irish registry, and to Ireland from every English registry. As the grants in England are between 50,000 and 60,000 a year, it is obvious what delay, expense, and probable errors this must occasion. I do not think that the present system could be improved, unless (which is, of course, impracticable) all the Irish registries were placed on the same footing as the English district registries, and subordinate to one principal registry.
§ THE EARL OF RANFURLYA solicitor has to be employed, and there are a number of legal expenses besides the fees.
§ THE LORD CHANCELLORsaid that he expressed no opinion himself; but if the noble Earl would inquire into the case he had mentioned he would perhaps find that there had been some extravagance.
§ THE EARL OF RANFURLYI will give the details any time.
THE EARL OF ROSEBERYI do not rise to intervene in this intricate matter; but I must call attention to the curious precedent of a subordinate Member of the Government interpellating the Government in Parliament. [Laughter.] I do not say that the practice is reprehensible, but it is unusual, if not unprecedented; and I should have thought that in a Government which boasts of being so united and harmonious as the present Government does, the information might have been sought and afforded without the resort to Parliamentary machinery. [Laughter.]
§ House adjourned at Twenty minutes before Six o'clock, till To-morrow, a Quarter past Four o'clock.