S.I. No. 251/1956 - Supreme Court and High Court (Fees) Order, 1956.

(1)The fees set out in the second column of the First Schedule shall be charged in the offices of the Supreme Court and the High Court to which the several Parts of the Schedule relate in respect of the items set out in the first column.

(2)This provision is made in substitution for all existing provisions for the charging of fees in the said offices. 5.—

(1)Where, in relation to any item, a document is indicated in the third column of the First Schedule, the fee shall be taken by means of a stamp affixed to or impressed on the document.

(2)Where the document to be stamped is in the custody of an officer of the Supreme Court or High Court at the time when it is required to be stamped, or where the document is one that is required to be lodged in any office of the Circuit Court outside the County Borough of Dublin, the stamp may be an impressed or adhesive stamp.

(3)In all other cases, the stamp shall be an impressed stamp. 6. Where the fee is denoted by means of an adhesive stamp, the stamp shall be cancelled by the proper officer. 7.—

(1)In the financial year beginning on the 1st day of April, 1957, and in every subsequent financial year there shall be payable, by way of court fees, the percentages provided for in the Second Schedule on the annual income arising in that year from the property of every person of unsound mind and every minor under the jurisdiction transferred by subsection

(1)of section 19 of the Courts of Justice Act, 1924 (No. 10 of 1924), to the Chief Justice.

(2)The percentages so prescribed are, in relation to persons of unsound mind, in substitution for those prescribed by section 109 of the Lunacy Regulation (Ireland) Act,

1. FIRST SCHEDULE FEES PAYABLE IN THE OFFICES ATTACHED TO THE SUPREME COURT AND THE HIGH COURT. Part I. Fees payable in all the offices attached to the Supreme Court and the High Court for copies of documents. Part II. Fees payable in the office of the Registrar of the Supreme Court. Part III. Fees payable in the Central Office and in the Examiner's Office. Part IV. Fees payable in the Accountant's Office. Part V. Fees payable in the Taxing Master's Office. Part VI. Fees payable in the Office of Wards of Court. Part VII. Fees payable in the Bankruptcy Office. Part VIII. Fees payable in the Probate Office. (A folio in this schedule means 72 words) PART I. FEES PAYABLE IN ALL THE OFFICES ATTACHED TO THE SUPREME COURT AND THE HIGH COURT FOR COPIES OF DOCUMENTS. Item Fee Document to be stamped £ s. d.
2. For making an office copy of a document, per folio 1 0 The office copy (except in the case of a Criminal Appeal transcript, where the fee shall be 6d per folio)
3. For examining a copy of any document and marking it as an office copy, per folio 3 The office copy 3.* For a positive photographic copy of a document, when such a copy is bespoken, in addition to fee No. 1:— for every photographic sheet 1 0 The copy (but not less, for any number of sheets, than 4/-)
4. For a photographic copy of a plan, map, section, drawing, photograph or diagram, when a positive copy is not bespoken 7 6 The copy 5.* For a positive photographic copy of a plan, map, section, drawing, photograph or diagram, when such a copy is bespoken 10 0 The copy
5. For signing and certifying a document for proof pursuant to the Evidence Act, 1851, per folio 3 The document * Fees under head 3 or 5 are not to be charged if the positive copy is bespoken at the request of a Court Office. PART II. FEES PAYABLE IN THE OFFICE OF THE REGISTRAR OF THE SUPREME COURT. Item Fee Document to be stamped £ s. d.
6. On filing a notice of motion of appeal to the Supreme Court other than an appeal under the Workmen's Compensation Acts 2 0 0 The notice
7. On filing any notice of motion to the Supreme Court other than a notice of motion of appeal 7 6 The notice
8. On filing or lodging a case stated 2 0 0 The case stated
9. On drawing up and entering— (a) an order made under Order XXIII of the Rules of High Court and Supreme Court, 1926 7 6 The order (b) an interlocutory order 15 0 The order (c) a final order 1 10 0 The order
10. On filing an affidavit 7 6 The affidavit
11. On lodging a notice or other document for service 2 6 The notice or other document and in addition thereto, for each copy to be transmitted 1 6 (but not more, for any number of copies than £10)
12. On a petition for appointment as a Notary Public or Commissioner for Oaths 1 0 0 The petition
13. On a commission appointing a Commissioner for Oaths 3 0 0 The commission
14. On a certificate of the Registrar authenticating a signature 7 6 The certificate APPLICATIONS AND APPEALS UNDER THE SOLICITORS ACT, 1954 .
15. On lodging a notice of motion of appeal under section 23 of the Solicitors Act, 1954 2 0 0 The notice
16. On lodging a notice of motion of application under section 48 of the Solicitors Act, 1954 5 0 0 The notice
17. On lodging a notice of motion of appeal under subsection

(5)of section 49 of the Solicitors Act, 1954 2 0 0 The notice 13. On lodging a notice of motion of appeal under subsection

(2)of section 51 of the Solicitors Act, 1954 2 0 0 The notice 14. On lodging a notice of motion of appeal under subsection

(3)of section 60 of the Solicitors Act, 1954 2 0 0 The notice PART III. FEES PAYABLEIN THE CENTRAL OFFICE AND IN THE EXAMINER'S OFFICE. Item Fee Document to be stamped ORIGINATING SUMMONS, &c. £ s. d. 1. On sealing a plenary summons and filing a copy 3 0 0 The filed copy 2. On sealing a concurrent plenary summons 1 0 0 The filed copy 3. On sealing a summary summons and filing a copy 2 0 0 The filed copy 4. On sealing a concurrent summary summons 1 0 0 The filed copy 5. On filing a petition 3 0 0 The original petition 6. On sealing a copy of a matrimonial petition 1 0 0 The copy 7. On sealing a citation 12 6 The original citation 8. On any originating ex parte application (excepting habeas corpus) in addition to fee on filing affidavit) 1 10 0 The affidavit filed in support of the application 9. On sealing any order under Order XIX of the Rules of High Court and Supreme Court, 1926 12 6 The original order 10. On sealing a third party notice 10 0 The filed copy APPEARANCES 11. On entering an appearance 7 6 The memorandum AFFIDAVITS, &c. 12. On filing an affidavit 7 6 The affidavit 13. On filing a script annexed to an affidavit of scripts 7 6 The affidavit of scripts (not to exceed, for any number of scripts, £4 10s. 0d.) PLEADINGS 14. On filing a pleading 7 6 The pleading NOTICES OF MOTION, &c. 15. On filing a notice of motion 7 6 The notice 16. On filing a common notice 2 6 The notice 17. On filing a notice of appeal from the Master 7 6 The notice of appeal 18. On lodging a notice of appeal from the Circuit Court to the High Court 1 10 0 The notice Item Fee Document to be stamped £ s. d. SERVICE OF NOTICE, &c. 19. On lodging a notice or other document for service 2 6 The notice or other document and in addition thereto, for each copy to be transmitted 1 6 (but not more, for any number of copies, than £10) SETTING DOWN, &c. 20. On setting down an action for trial 2 0 0 The setting down docket 21. On filing or lodging a case stated 2 0 0 The case stated ORDERS 22 On— (

1. a)an order made under Order XXIII of the Rules of High Court and Supreme Court, 1926 7 6 The order (
2. b)an order of the Master 12 6 The order (
3. c)an interlocutory order of the Court or a Judge 15 0 The order (
4. d)any final order of the Court or a Judge except an order on foot of a certificate under Order XXXVI, Rule 37, of the Rules of the Supreme Court (Ireland), 1905 1 10 0 The order 23. For a copy of a plan, map, section, drawing, photograph or diagram required to accompany any order 7 6 The order CERTIFICATES, &c.. 24. On a certificate of pleadings or proceedings 5 0 The certificate 25. On a certificate under Order XXXVI, Rule 37, of the Rules of the Supreme Court (Ireland), 1905 1 10 0 The certificate 26. On the certificate of a Registrar verifying a copy of a matrimonial petition 5 0 The copy 27. On a certificate or report of the Master, or of a Registrar or Examiner, directed or required by any order or rule of Court, and not subject to any other fee prescribed by this Schedule 15 0 The certificate or report 28. On a sale under an order of the Court of: (
5. a)any lands or hereditaments or (
6. b)any business (including the goodwill thereof) or (
7. c)any chattels— confirmed or approved by order or certificate :— for every £100 of the price 6 0 The order or certificate Iffor any reason after payment of this fee the sale is not completed and the property is subsequently sold to another purchaser, credit is to be given for the fee already paid on the abortive sale against the fee payable on the completed sale; but in no case is any of the fee paid on the abortive sale to be repaid. Item Fee Document to be stamped £ s. d. 29. On taking an account of moneys received by a person liable to account for same :— for every £100 of the amount received 6 0 The certificate 30. On taking an account of moneys due to any person :— for every £100 of the amount found due 6 0 The certificate 31. On an inquiry to ascertain the person or persons interested in any property or entitled thereto as next-of-kin or heir-at-law or otherwise :— for every £100 of the value of the property 6 0 The certificate (but on an inquiry to ascertain the next-of-kin or heir-at-law of any person, where such person is an ancestor of such next-of-kin or heir-at-law, or where the common ancestor is a parent, not less than £2 ; where the common ancestor is a grandparent, not less than £4 ; and where the common ancestor is a great-grandparent or a more remote ancestor, not less than £6). 32. On ascertaining pursuant to an order— (
8. a)the real or outstanding or undisposed of personal estate of a deceased person, or (
9. b)any property subject to a trust, or a mortgage or charge, or (
10. c)any partnership assets :— for every £100 of the amount or value thereof 6 0 The certificate The amount on which this fee is payable shall not include any outstanding debt believed to be bad or irrecoverable, but shall include all sums paid after the commencement of the proceedings to creditors or to persons beneficially interested. Note—Only one of the fees Nos. 29 to 32 inclusive shall be chargeable in respect of any particular property or moneys 33. On settling a scheme for the management of a charity, or a scheme where the amount involved does not exceed £1,000 5 0 0 The scheme 34. On settling any other scheme 10 0 0 The scheme 35. On signing, settling or approving any advertisement, or authority for a Radio announcement, for any person entitled as next-of-kin, heir-at-law or otherwise to share in any property :— for the first advertisement or authority signed in respect of any person or persons 3 0 0 The posting For any subsequent advertisement or authority signed in respect of the same person or persons 1 10 0 The posting Item Fee Document to be stamped £ s. d. 36. On signing, settling or approving any other advertisement 1 10 0 The posting 37. On the examination of a witness before an officer of the Court in his office (otherwise than for the purpose of any inquiry, taxation of costs, or other proceeding before the officer) :— for each hour or part of an hour 15 0 The order of appointment 38. On any such examination by an officer away from his office :— for each day or part of a day 3 0 0 The order of appointment (The reasonable expenses of the officer are also payable). SEARCHES AND INSPECTIONS 39. On an application to inspect any document filed or deposited in the Central Office upwards of three years before such application, unless otherwise expressly provided for by this order (not to be charged if a copy of the document is bespoken). 5 0 The search docket REGISTRATION OF JUDGMENTS, &c. 40. On a memorandum for the registration of a judgment of— (
11. a)the Circuit Court 10 0 The memorandum (
12. b)the High Court 15 0 The memorandum 41. On a memorandum for the re-entry of a judgment, decree, order, or rule pursuant to the Judgments (Ireland) Act, 1844 5 0 The memorandum 42. On a memorandum for the registration of a lis pendens pursuant to the said Act 7 6 The memorandum 43. On a memorandum for the re-entry of a lis pendens pursuant to the said Act 2 6 The memorandum 44. On a requisition for liberty to search pursuant to the said Act :— for each person search against 2 6 The search docket (not to be charged if a requisition for an official search is lodged) 45. On filing a satisfaction piece 5 0 The satisfaction piece 46. On a memorandum for registration of the satisfaction or vacate of any judgment, Crown bond or recognizance, decree, rule or order or for the re-docketing of any Crown bonds or recognizances pursuant to the Land Transfer (Ireland) Act, 1848 5 0 The memorandum Item Fee Document to be stamped £ s. d. 47. On a requisition for a search for judgments or revivals entered up before the 15th day of July, 1850, and for decrees, rules, orders, or civil bill decrees for poor rates, made before the 15th day of July, 1850, and for lites pendentes registered against any person and for recognizances and Crown bonds, judgments at the suit of the Crown, statutes, inquisitions, and acceptances of office registered or re-registered against the same person 1 0 0 The requisition 48. On a requisition for a search for judgments, revivals, decrees, rules, orders, lites pendentes and civil bill decrees for poor rates registered or re-registered against any person and for recognizances and Crown bonds, judgments at the suit of the Crown, statutes, inquisitions, and acceptances of office registered or re-registered against the same person 2 0 0 The requisition 49. On a requisition for a duplicate of a search pursuant to the Judgments Registry (Ireland) Act, 1871 7 6 The requisition 50. On a memorandum of vacate of a lis pendens 7 6 The memorandum 51. On a certificate of the registration or re-registration of any judgment or revival, decree, rule, order, Crown bond, recognizance or lis pendens or of any satisfaction, vacate or quietus registered at any time 2 6 The certificate 52. On a certificate at the foot of a memorandum for the registration or satisfaction of a judgment, for the registration or vacate of a lis pendens,or for the vacate of a recognizance or bond 2 6 The memorandum 53. On a memorial of assignment of a judgment 15 0 The memorial BILLS OF SALE 54. On filing a bill of sale :— where the consideration does not exceed £100 2 6 The filed copy of the bill of sale where the consideration exceeds £100, but does not exceed £200 5 0 where the consideration exceeds £200 10 0 55. For a search in the bills of sale index 2 6 The search docket (not to be charged if a copy of a bill of sale is bespoken) 56. For inspecting any bill of sale 2 6 The search docket (not to be charged if a copy is bespoken) DEEDS OF ARRANGEMENTS, &c. 57. On filing a copy of a deed of arrangement pursuant to the Deeds of Arrangement Act, 1887 15 0 The filed copy 58. On filing a copy of a petition pursuant to the Deeds of Arrangement Amendment Act, 1890 7 6 The filed copy Item Fee Document to be stamped 59. On filing a copy of an order under the Deeds of Arrangement Amendment Act, 1890 £ s. d. 7 6 The filed copy 60. For a search in the Register of Deeds of Arrangement 2 6 The search docket (not to be charged if a copy is bespoken) 61. For inspecting, examining, and making the prescribed extracts of a registered deed of arrangement, or the documents and affidavits filed in any one matter 2 6 The search docket (not to be charged if a copy is bespoken) 62. For an official search in the Register of Deeds of Arrangement :— for each name searched against 15 0 The requisition WARRANTS OF ATTORNEY 63. On filing and entering a copy of a warrant of attorney 5 0 The filed copy 64. For a search for a warrant of attorney whether against one or more persons (not to be charged if a copy is bespoken) 2 6 The search docket 65. On filing a warrant of attorney and entering judgment thereon, in addition to the fee on the judgment 7 6 The judgment BONDS, &c. 66. On filing any recognizance or bond in the Central Office and giving a certificate thereof 7 6 The recognizance or bond 67. On vacating any recognizance or bond, and giving a certificate thereof 1 0 0 The memorandum of vacate POWERS OF ATTORNEY 68. On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act, 1881 7 6 The power of attorney 69. For a search for a power of attorney so deposited, and for inspecting the same and the affidavit or other documents deposited therewith 2 6 The search docket (not to be charged if a copy is bespoken) ENROLMENT 70. On enrolling any deed or document:— for each 10 folios or part of 10 folios 1 10 0 The deed or document Item Fee Document to be stamped £ s. d. ADMIRALTY 71. On a certificate under Order XXXVI, Rule 69, of the Rules of the Supreme Court (Ireland), 1905— The certificate where the sum claimed does not exceed £50 10 0 where the sum claimed exceeds £50 but does not exceed £100 15 0 where the sum claimed exceeds £100 1 10 0 72. On issuing any warrant, attachment, release, decree, order, commission or other instrument under Order LXVII, Rule 10, of the Rules of the Supreme Court (Ireland), 1905 2 0 0 The instrument 73. On appointing and swearing appraisers 2 0 0 The certificate of appraisement 74. On delivering up a ship or goods to a purchaser *3 0 0 75. On the sale of a ship or goods :— for every £100 or fraction of £100 of the price *2 0 0 76. For attending the discharge of a cargo or the removal of a ship or goods, per day 3 0 0 The certificate of execution 77. For retaining possession of a ship, with or without cargo, or of a ship's cargo without a ship, per day 2 6 The instrument of release 78. For executing a warrant or commission 2 2 0 The warrant or commission 79. For releasing a ship and cargo, or either of them 1 1 0 The instrument of release (In addition to the above fees, the following fees also are payable : (
13. a)the reasonable expenses per day of supplying a shipkeeper or shipkeepers where such is or are employed ; (
14. b)the reasonable travelling and subsistence expenses of the officer for the time being exercising the functions formerly exercised by the Admiralty Marshal, if such officer is required, for the purpose of carrying out any of the above duties, to travel more than five miles from his office. * These fees are to be paid by transfer from the proceeds in Court to the account of fees on proceedings. PART IV. FEES PAYABLE IN THE ACCOUNTANT'S OFFICE. Item Fee Document to be stamped £ s. d. 1. On a direction to pay money or transfer stock or shares exceeding £100 :— for every £100 or part of £100 (nominal value) 2 0 The direction (but not to exceed £10) 2. On a certificate of the amount and description of funds to credit of any account in the books of the Accountant 3 0 The certificate. 3. On a transcript of an account :— for the first 3 folios or part thereof in any book 3 0 The transcript for each additional folio 1 0 4. On a request for lodgment of funds in Court without an order 3 0 The request 5. On a request to the Accountant for payment of money out of Court without an order 3 0 The request 6. On lodging a power of attorney 5 0 The power of attorney 7. On a request for a certificate of the lodgment of any funds in Court 3 0 The request PART V FEES PAYABLE IN THE TAXING MASTER'S OFFICE Item Fee Document to be stamped £ s. d. Note :A Taxing Master may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him at the full amount thereof, including in cases under the Solicitors Act, 1849, the fee payable in respect of the cash account. 1. On a summons to tax, except on an ex parte taxation 10 0 The summons 2. On the taking of a cash account between the solicitor and his client on a taxation under the Solicitors Act, 1849, or otherwise :— for every £100 or fraction of £100 of the amounts found to have been received and paid 1 0 The bill 3. On the taxation of a bill of costs :— for every full £5 in the amount (including witnesses' expenses) allowed 2 6 The bill 15 0 The certificate 4. On the issue of a certificate of taxation 5. On carrying in objections to the allowance or disallowance of any item or items in a bill of costs 10 0 The objections 6. On a report of a Taxing Master as to the grounds of his decision to allow or disallow any item or items in a bill of costs 10 0 The report 7. On a report of a Taxing Master as to security for costs in a matrimonial cause 10 0 The report PART VI. FEES PAYABLE IN THE OFFICE OF WARDS OF COURT. Item Fee Document to be stamped £ s. d. 1. On every originating petition and every petition to dismiss a matter out of lunacy or for a supersedeas 1 10 0 The petition 2. On every other petition 1 0 0 The petition 3. On every originating summons 15 0 The originating summons 4. On every report 15 0 The report 5. On every recognizance or bond 15 0 The recognizance or bond 6. On every lease or deed 15 0 The lease or deed 7. On every affidavit 7 6 The affidavit 8. On measuring a bill of costs and certifying the amount thereof :— The bill of costs where the amount allowed does not exceed £20 5 0 where the amount allowed, exceeds £20, for every £10 or part thereof allowed 2 6 9. On issuing a summons or notice of motion 5 0 The summons or notice of motion. 10. On lodging a summons or notice for service 2 6 The summons or notice and in addition thereto, for each copy to be transmitted 1 6 11. For taking and certifying the result of an account :— The certificate (
15. a)where the amount found to have been received without deducting any payment shall not exceed £200 4 0 (
16. b)where such amount shall exceed £200, for every £100 or fraction of £100 2 0 (but not to exceed £10) 12. On any other certificate except a certificate for payment 10 0 The certificate 13. On drawing up and filing any order, except a Registrar's order 7 6 The order 14. On every ruling 2 6 The copy ruling 15. On exemplifying any copy of an order 10 0 The exemplified copy 16. On any transcript and mittimus 2 0 0 The transcript PART VII. FEES PAYABLE IN THE BANKRUPTCY OFFICE. Section I : Fees payable in the Registrar's Branch Item Fee Document to be stamped £ s. d. 1. On every petition of bankruptcy 4 0 0 The petition 2. On every petition of arrangement 4 0 0 The petition 3. On every debtor's summons 2 0 0 The summons 4. On every bond, with or without sureties 7 6 The bond 5. On every subpoena or summons other than a debtor's summons 5 0 The subpoena or summons 6. On every affidavit 7 6 The affidavit 7. On every order for annulment of adjudication 2 0 0 The order 8. For a search by any person other than the bankrupt, the arranging debtor, the Official Assignee or the trustee in the matter 2 6 The search docket Section 2 : Fees payable in the Official Assignee's Branch 9. On every realisation account of the Official Assignee in a bankruptcy matter or in a vesting arrangement, and on every certified statement of accounts by a trustee :— The account (
17. a)where the gross amount of the assets realised or brought to credit does not exceed £100 10 0 0 (
18. b)where the said amount exceeds £100 but does not exceed £5,000, for each £10 or fraction of £10 1 0 0 (
19. c)where the said amount exceeds £5,000— for the first £5,000 thereof 500 0 0 for each additional £20 or fraction of £20 1 0 0 For the purpose of calculating this fee the proceeds of the sale of any part of the estate the subject of any mortgage charge or lien shall not be included in the assets. This fee shall be the first charge on any amount realised or brought to credit. In bankruptcy cases where the net assets are under£10 the petitioning creditor shall lodge with the Official Assignee a sum sufficient, with the net amount realised, to provide a sum of £10. Item Fee Document to be stamped 10. On the account of the Official Assignee, or of the Trustee, for the proceeds of the sale by him of any part of the estate or effects of a bankrupt or arranging debtor the subject of any mortgage charge or lien :— £ s. d. The account (
20. a)where the gross amount produced by such sale does not exceed £250 5 0 0 (
21. b)where the said amount exceeds £250, for each £10 or fraction of £10 4 0 This fee shall be the first charge on the proceeds of the sale. 11. On the account of the Official Assignee in every arrangement (other than a vesting arrangement) or on the instrument containing the terms of a composition or general scheme of settlement of the affairs of a bankrupt submitted for the approval of the Court pursuant to section 102 of the Bankruptcy (Ireland) Amendment Act, 1872 :— The account or instrument (
22. a)where the gross amount of the Composition does not exceed £160 10 0 0 (
23. b)where the said amount exceeds £160 but does not exceed £2,500—for each £10 or fraction of £10 12 0 (
24. c)where the said amount exceeds £2,500— for the first £2,500 thereof 150 0 0 for each additional £20 or fraction of £20 12 0 For the purpose of calculating this fee, the gross amount means the amount to be provided under the terms of the composition for ordinary and preferential creditors. This fee shall be paid by the person making the composition over and above the same. 12. On the account of the Official Assignee in very composition after bankruptcy :— The account (
25. a)where the gross amount of the composition does not exceed £140 10 0 0 (
26. b)where the said amount exceeds £140 but does exceed of £2,500, for each £10 or fraction of £10 14 0 (
27. c)where the said amount exceeds £2,500— for the first £2,500 thereof 175 0 0 for each additional £20 or fraction of £20 14 0 13. On the account of the Official Assignee in evenly allocation case :— The account where the gross amount collected does not exceed £100 5 0 0 where the said amount exceeds £100, for every £10 or fraction of £10 10 0 This fee shall be the first charge on any amount collected. PART VIII. FEES PAYABLE IN THE PROBATE OFFICE. Item Fee Document to be stamped PROBATE OFFICER'S OFFICE £ s. d. 1. For every order of a Probate Officer to revoke and cancel a grant, to admit a will or codicil to proof, to refuse probate of a purported testamentary writing, to appoint a guardian, to give liberty to the next-of-kin of a person of unsound mind not so found to obtain a grant for his or her use and benefit, to issue a subpoena, or to issue a certificate as to Circuit Court jurisdiction 10 0 The order 2. For every other order of a Probate Officer 5 0 The order 3. For every certificate of a Probate Officer upon inspection of records that a grant has issued, where full records are not available owing to destruction by fire or otherwise 10 0 The certificate 4. For every certificate of search 10 0 The certificate 5. For swearing an affidavit or attesting the execution of a bond 3 0 The bond 6. For marking an exhibit 1 6 The exhibit or fee sheet. (The total fee under heads 5 and 6 in any one case shall not exceed £1) 7. For completing the assignment of a bond 10 0 The bond 8. For every certificate signed by a Judge or by a Probate Officer or Assistant Probate Officer as to the authenticity of a copy of any document, or as to the identity of any person or the authority of any person to act in a specified capacity, or for any similar certificate 5 0 The certificate 9. For sealing such a certificate 2 6 The certificate 10. For every certificate of a Probate Officer or Assistant Probate Officer for which no other fee is prescribed by this Schedule 5 0 The certificate 11. For settling an advertisement in pursuance of a Court order 15 0 The copy order THE SEAT OFFICE The expression " primary grant " hereunder means the first grant to issue in respect of the estate of any deceased person. The expression " section 33 case " hereunder means a case to which section 33 of the Customs and Inland Revenue Act, 1881, as extended by section 16 of the Finance Act, 1894, applies. The expression " sealing fee " hereunder means the ad valorem or other fee chargeable in respect of sealing and issuing a grant. Item Fee Document to be stamped Fees Payable in Section 33 Cases £ s. d. 12. On any primary grant of Probate or Letters of Administration with or without will annexed 1 10 0 The oath of executor or oath of administrator 13. For resealing any grant of Probate or Letters of Administration with or without will annexed 2 6 The fee sheet Fees Payable in Cases other than Section 33 Cases 14. Sealing fee on any grant of Probate or Letters of Administration with will annexed or on any primary grant of Letters of Administration Intestate :— The fee sheet where the net estate (both real and personal) as shown in the Affidavit or Affirmation for Revenue is under the value of £ 100 1 0 0 200 2 0 0 300 3 0 0 450 3 10 0 600 4 0 0 800 4 10 0 1,000 5 0 0 1,500 5 10 0 2,000 6 0 0 3,000 7 10 0 4,000 9 0 0 5,000 9 10 0 6,000 10 0 0 7,000 10 10 0 8,000 11 0 0 9,000 11 10 0 10,000 12 0 0 12,000 12 10 0 14,000 13 0 0 16,000 13 15 0 18,000 14 10 0 20,000 15 5 0 25,000 16 5 0 30,000 17 10 0 35,000 18 15 0 40,000 20 12 6 45,000 22 10 0 50,000 24 7 6 60,000 26 5 0 70,000 30 0 0 80,000 33 15 0 90,000 37 10 0 100,000 41 5 0 120,000 43 2 6 140,000 46 17 6 160,000 50 12 6 180,000 54 7 6 200,000 58 2 6 Item Fee Document to be stamped £ £ s. d. 250,000 61 17 6 300,000 71 5 0 350,000 80 12 6 400,000 83 15 0 500,000 86 17 6 for each additional £100,000 or any part thereof, a further additional fee of 6 5 0 15. Sealing fee for every double, cessate, unadministered, duplicate or triplicate Probate, and for every grant of Letters of Administration with will annexed de bonis non or cessate and every duplicate or triplicate Grant with will annexed 1 10 0 The fee sheet 16. Sealing fee for every duplicate or triplicate or cessate grant of Letters of Administration as on Intestacy, and for every grant of Letters of Administration de bonis non 1 10 0 The fee sheet For resealing any grant of Probate or Letters of Administration with or without will annexed or any Scottish confirmation, such fee shall be charged as would at the time of application be payable as a sealing fee for a grant for property equal in amount to the property within the jurisdiction of the Court which is to be affected by the Probate or other instrument to be resealed. The stamp shall be affixed to the fee sheet. 17. Where any grant is sought by personal application, in addition to the above fees :— The fee sheet (
28. a)where the net estate (both real and personal) as shown in the Affidavit or Affirmation for Revenue does not exceed the value of £200 1 0 0 (
29. b)where the net estate (both real and personal) as shown in the Affidavit or Affirmation for Revenue exceeds the value of £200— on the first £200 1 0 0 on every additional £100 or fraction thereof 7 6 (The total additional fee payable, under this head, in a personal application shall not exceed £5). 18. For every search in order to ascertain whether any grant of Probate or Letters of Administration has already issued or whether an application has been made for a grant of Probate or Administration :— for every year or part of a year, excepting the year of death 1 0 The fee sheet (but not less in any case than 3/-) Item Fee Document to be stamped £ s. d. 19. For every application for a grant 7 6 The fee sheet 20. For every certificate of cause of delay 5 0 The fee sheet 21. For engrossing the will, or the will and codicil or codicils, of any deceased person 5 0 The fee sheet 22. For comparing any copy document with the original thereof 2 6 The fee sheet 23. For every receipt for documents lodged 2 6 The fee sheet 24. For every bond 7 6 The fee sheet 25. For every justification of surety 7 6 The fee sheet 26. For every renunciation 7 6 The fee sheet 27. For every consent 7 6 The fee sheet 28. For every affidavit, except the oaths for Executors, Administrators, or Administrators with the Will 7 6 The fee sheet 29. For every copy of an Affidavit or Affirmation for Revenue 7 6 The fee sheet 30. For every certificate of payment of stamp duty 2 6 The fee sheet 31. For every power of attorney, or resolution appointing a nominee to take a grant, or any similar nomination 5 0 The fee sheet 32. For every petition 7 6 The fee sheet 33. For every election 7 6 The fee sheet 34. For filing any other document except the testamentary papers in respect of which Probate or Administrator with will annexed is granted 5 0 The fee sheet 35. For noting Proof in Solemn Form on a grant 7 6 The fee sheet 36. For making any other notation on a grant or on an engrossment 5 0 The fee sheet FEES ON LODGMENT OF CORRECTIVE AFFIDAVIT 37. On the lodgment of a corrective affidavit and ad volarem fee shall be charged amounting to the difference between the sealing fee on the increased value of the estate and the sealing fee previously charged, irrespective of the date of the grant The copy corrective affidavit When a corrective affidavit is lodged in a case which was originally a section 33 case the following provision shall apply : (
30. a)If the increased gross value of the estate does not exceed £500, no fee shall be payable in respect of the increased assets, but fees Nos. 38 to 43 shall be payable where applicable. (
31. b)If the increased estate exceeds £500 the full sealing fee on the increased value of the estate shall be payable, and no allowance shall be made for the fee previously paid Item Fee Document to be stamped £ s. d 38. For filing any corrective affidavit 7 6 The copy corrective affidavit 39. For every certificate of payment of stamp duty 2 6 The copy corrective affidavit 40. For every search 2 0 The copy corrective affidavit 41. For every bond 7 6 The copy corrective affidavit 42. For every justification of sureties 7 6 The copy corrective affidavit 43. For every notation 5 0 The copy corrective affidavit THE RULES OFFICE 44. For lodging or re-entering any motion paper, whether ex parte or on notice 7 6 The motion paper 45. For every affidavit lodged 7 6 The affidavit 46. For every application filed in a case (other than a section 33 case) in which Fee No. 19 has not been paid 7 6 The application 47. For every application subducted 5 0 The application book 48. For every appearance to any warning, citation or subpoena 7 6 The original notice of appearance 49. For every notice of change of solicitor 2 6 The original notice 50. For every first copy of a Court order or side bar order in addition to scrivenery fees 10 0 The copy Note: This fee shall not be charged for a copy of an order made by a Judge in Chambers pursuant to section 54 of the Probates and Letters of Administration Act (Ireland), 1857, when the copy is bespoken by the intending grantee or his solicitor. In such a case the first copy bespoken by anyone other than the intending grantee or his solicitor shall be treated as the first copy, and shall be charged for accordingly. THE GENERAL OFFICE 51. For the entry of any caveat 7 6 The caveat 52. For the subduction of any caveat 7 6 The caveat book 53. For every notice of the entry of subduction of a caveat to any District Registry 2 6 The caveat book 54. For every warning to a caveat 7 6 The warning Item Fee Document to be stamped 55. For every copy of a warning sent by post from the Probate Office £ s. d. 2 6 The warning 56. For sealing any citation 12 6 The filed copy 57. For sealing any subpoena 7 6 The filed subpoena 58. For settling any advertisement in connection with a citation or otherwise 15 0 The affidavit 59. For engrossing the will, or the will and codicil or codicils of any deceased person 5 0 The fee sheet 60. For comparing any document with the original thereof 2 6 The fee sheet 61. For every exemplification in addition to the fees for engrossing and comparing the will, or the will and codicil or codicils, if any 2 2 0 The fee sheet 62. For every search made by the applicant himself for will or any record of a grant, or any other document filed in the Probate Office, including the looking up of and inspection of any original will or codicil or any copy thereof or of any record of a grant 2 6 The search docket 63. For every such search made by an officer of the Probate Office, for every year or part thereof for which the officer is requested to search 1 0 The search docket (but not less in any case than 3/-) 64. For all searches made on any one day by the representative of a newspaper or group of newspapers, provided that he states on the search docket his name and that of the newspaper or group of newspapers which he represents 5 0 The search docket THE RECORD OFFICE 65. For depositing the will, or will and codicil or codicils, or other testamentary disposition of a living person for safe custody, including the deposit receipt 1 1 0 The fee sheet 66. For depositing the will, or will and codicil or codicils, or other testamentary disposition of a deceased person for safe custody, including the deposit receipt 10 0 The fee sheet SECOND SCHEDULE PERCENTAGES PAYABLE IN THE OFFICE OF WARDS OF COURT. Section 1 : Lunacy percentages. 1. Subject to paragraph 2, a percentage on the clear annual income of each ward of court found to be of unsound mind and whose clear annual income is at least £50 shall be payable according to the following rates :— (
32. a)2½% of each annual income amounting to £50 but not amounting to £500, (
33. b)3% of each annual income amounting to £500 but not amounting to £1,000, (
34. c)4% of each annual income amounting to £1,000 or more, subject to a maximum payment in respect of any one year of £150. 2. Fractional parts less than ten shillings shall be disregarded in the calculation of the amount of the percentage and shall not be levied or paid. Section 2 : Minor percentages. 1. A percentage on the clear annual income of each minor taken into the wardship of the High Court shall be payable at the same rates as apply to the incomes of wards of court who are of unsound mind, save that no percentage shall be charged on any income not amounting to £150. 2. Where a minor has an interest in property, the Registrar of Wards of Court may apportion as remuneration for any services rendered by the minor in connection therewith such part of the profits accruing to him from the property as appears to the Registrar to be reasonable and no percentage shall be charged on the amount thus apportioned. Section 3 : Calculation, collection and disposal. The rules heretofore in operation under the Lunacy Regulation (Ireland) Act, 1871, with respect to the method of calculation, collection and disposal of the percentage charged on the incomes of persons of unsound mind shall continue to apply to the percentage charged under this Order on such incomes and shall apply likewise or in an analogous manner to the percentage charged under this Order on the incomes of minors. Where, in any such rule, reference is made to the death of a person of unsound mind, the reference shall, in its application to a minor, include (where the context so admits) a reference to his coming of age. GIVEN under my Official Seal, this 26th day of September, 1956. JAMES EVERETT, Minister for Justice. I hereby consent to the making of the foregoing Order. GIVEN under my Official Seal, this 26th day of September, 1956. GERARD SWEETMAN, Minister for Finance. EXPLANATORY NOTE The effect of this Order is to increase the fees and in certain cases the percentages at present authorised to be charged in those officesattached to the Supreme Court and the High Court which were established by the Court Officers Act, 1926 . The Order replaces all the existing provisions for the charging of fees and percentages in those offices. The following is a list of the provisions in question : The Probate Fees Order of 20th February, 1865. The Lunacy Regulation (Ireland) Act, 1871 (section 109). The Matrimonial Fees Order of 7th January, 1871. The Court Fees Order of 26th December, 1877. The Customs and Inland Revenue Act, 1881 (section 33). The Colonial Probates Order of 1st February, 1893. The Admiralty Fees Order of 28th November, 1894. The Bankruptcy Fees Order of 18th June, 1910. The Court Fees (Supreme Court and High Court) Order, 1926 ( S. R. & O. No. 53 of 1926 ). Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais