Solicitors (Amendment) Act, 1994

Will making and probate services provided by credit unions.

78.—(1) Notwithstanding anything to the contrary in the Principal Act, the Minister may, after consultation with the Minister for Enterprise and Employment, make regulations authorising credit unions to provide services as follows—

(a) to draw up or prepare a will or other testamentary instrument, or

(b) to take instructions for a grant of probate or administration, or

(c) to draw or prepare any papers on which to found or oppose any such grants.

(2) The services referred to in subsection (1) of this section may be provided by credit unions in accordance with the provisions of regulations made under this section and in compliance with the requirements of this section.

(3) Regulations under this section may include provision for all or any of the following, namely—

(a) the protection of persons for whom services are provided under this section by credit unions from conflicts of interest that might otherwise arise in connection with the provision of the services,

(b) securing that adequate compensation is available to such persons in respect of negligence, fraud or other dishonesty on the part of officers or employees of credit unions in connection with the provision of the services,

(c) (i) the extent to which and the manner in which services provided under this section would require the involvement of persons qualified to practise as solicitors within the meaning of the Principal Act, and

(ii) the qualifications and experience of personnel generally engaged in the provision of the services,

(d) the class or classes of persons to whom the services may be provided,

(e) requirements relating to the approval by the Registrar of Friendly Societies of a credit union proposing to provide services,

(f) the restriction of the power to provide the services to credit unions of a specified class or classes,

(g) maximum rates or scales of fees, costs or expenses which may be charged by credit unions for the provision of the services,

(h) taxation by a Taxing Master of the High Court of fees, costs or expenses charged by credit unions for the services,

(i) such further conditions in relation to the provision of the services as the Minister may prescribe in accordance with this section.

(4) In this section “probate” and “administration” have the meanings assigned to them by section 3 of the Succession Act, 1965 .

(5) Any communication made to or by a credit union (including a communication made to or by an officer or employee of a credit union) in the course of its acting as such for a person in connection with providing services under subsection (1) of this section shall in any legal proceedings be privileged from disclosure in like manner as if the credit union had at all material times been acting as that person's solicitor.

(6) (a) A credit union providing services under subsection (1) of this section shall not in relation to the provision of such services be an unqualified person within the meaning of the Principal Act.

(b) A credit union which provides any of the services mentioned in subsection (1) of this section otherwise than in accordance with the provisions of this section or of any regulations made under this section shall be guilty of an offence under section 58 (2) (as amended by this Act) of the Principal Act.

(7) Section 58 (as amended by this Act) of the Principal Act shall not apply to—

(a) a credit union,

(b) any officer or employee of a credit union by reason of any act done by him in the course of his office or employment on behalf of the credit union, where the credit union is providing services in accordance with subsection (1) of this section.

(8) Section 59 of the Principal Act shall not apply to any solicitor by reason of any act done by him as an officer or employee of a credit union where that credit union is providing services in accordance with subsection (1) of this section.

(9) Where a credit union provides services under subsection (1) of this section, it shall include in any document or advertisement issued to the public, which contains a reference to the provision of the services, a statement of the charges or the basis for the charges in respect of the services and a client shall be entitled to ask for and to be furnished with an itemised statement of that credit union's charges in respect of services provided by the credit union under subsection (1) of this section.

(10) On the taking of instructions to provide services under this section to a person, or as soon as is practicable thereafter, a credit union shall provide the person with particulars in writing of—

(a) the actual charges, or

(b) where the provision of particulars of the actual charges is not in the circumstances possible or practicable, an estimate (as near as may be) of the charges, or

(c) where the provision of particulars of the actual charges or an estimate of such charges is not in the circumstances possible or practicable, the basis on which the charges are to be made, by that credit union for the provision of such services.

(11) Any information which comes into the possession of an officer or employee of a credit union by virtue of his involvement in the provision of services under subsection (1) of this section by a credit union shall not be used by him or by the credit union to promote the business of the credit union.

(12) (a) A credit union providing services under subsection (1) of this section shall maintain separate accounting records and prepare accounts in respect of each year showing—

(i) the cost to the credit union of providing the services, and

(ii) the income accruing to the credit union from the charges made for the services,

and, subject to subsection (3) (g) of this section, shall so provide and charge for the services that the income from the provision of the services is not less than sufficient to meet all costs properly attributable to the provision of the services taking one year with another.

(b) A statement attesting the correctness of the accounts prepared in accordance with paragraph (a) of this subsection and confirming that such accounts have not been distorted as a result of any arrangement which would affect the apportionment of costs and income associated with the provision of the services and that such apportionments as have been made have been properly made shall be signed by the chairperson and treasurer of the credit union and attached to the annual accounts of the credit union.

(13) A credit union shall not provide services under the provisions of this section unless at least one of the following conditions is satisfied:

(a) regulations have been made under section 79 of this Act, or

(b) the credit union is a member of a scheme (other than a scheme established under section 79 of this Act) which has been established for the investigation of complaints against the credit union in relation to the provision of services under this section and which has been approved of by the Minister.

(14) If a person exercising any right under this section or a person acting on behalf of such a person applies for any grant of probate or letters of administration and—

(a) makes a statement in the application, or supports the application with a document, which he knows to be false or misleading in a material particular, or

(b) recklessly makes a statement in the application, or supports the application with a document, which is false or misleading in a material particular,

he shall be guilty of an offence.

(15) Any person guilty of an offence under subsection (14) of this section shall be liable—

(a) on conviction on indictment thereof, to a fine not exceeding £10,000,

(b) on summary conviction thereof, to a fine not exceeding £1,500.

(16) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(17) In this section “credit union” means an industrial and provident society registered as a credit union under the Credit Union Act, 1966 .