Probate Officer's/Court Orders

In short

Where the deceased had a foreign domicile at the date of death and where the person entitled to apply for the grant under Irish law is not the person entitled under the law of domicile.

Order 79 Rule 5(8)(a) and (b)

PO Order

1) Cover letter requesting grant to be limited;
2) Copy death certificate, copy will, oath (may be draft);
3) Statement of Affairs or Schedule of Assets as appropriate;
4) Affidavit of Law or Sealed & Certified copy of foreign grant where limited to moveable estate.

€50.00 (PO order)

Where the person entitled to extract the grant is a person who lacks decision making capacity and not a ward of court.

Order 79 Rule 27

.

Where the person entitled to extract a grant is a minor and does not have a testamentary guardian or a guardian appointed by the court.

Order 79 Rule 24 & 25; Appendix Q, Form 17 (election)

1) Petition from proposed guardian (Mongey, p 109);
2) Proof of parentage (long form birth certificate/declaration of parentage where father's name not on birth cert);
3) Death Certificate/Coroner's Certificate;
4) Election.

€50.00 (PO order)
 

An election may be required where the child is over 12 years old and someone other than a parent is applying

Where the person entitled to extract the grant is of sound mind but physically impaired

Order 79 Rule 23

1) Grounding Affidavit;
2) Affidavit from a medical practitioner as to the entitled person's physical incapacity and mental capacity;
3) Power of Attorney;
4) Death Certificate/Coroner's Certificate.

€50.00 (PO order)

Where a Will refers to some other document (e.g. a map) and the Will cannot be read without reference to this document.

Order 79 Rule 13 & 14

The three essential proofs are a) that the document must be in actual existence at the time the will was made, b) that it is referred to as being in existence in the will, and c) that the document is clearly identified.

* If the applying solicitor was one of the witnesses, we only require one affidavit. This affidavit must sufficiently cover the information required in a Grounding Affidavit and an Affidavit of Attesting Witness.

1) Grounding Affidavit from Solicitor;
2) Affidavit of law from independent lawyer with expertise in succession law in country of domicile;
3) Affidavit of official translator. Must have personally translated the Will, give credentials, exhibit the Will, and swear is a true and accurate copy;
4) Death Certificate/Coroner's Certificate.

€50.00 (PO order)
 

The Affidavit of law must i) set out the full facts of the case including the domicile of the deceased, ii) exhibit the original Will, or an appropriate copy thereof, iii) quote the legislation governing the validity of Wills and priority to apply for probate, or otherwise account for the system of inheritance in the country of domicile, iv) Apostille where not yet proved in the country of domicile.

Where necessary, the Probate Officer may make an order refusing probate of a Will for non-compliance with Section 78 of the Succession Act 1965

1) Original Will;
2) Grounding Affidavit;
3) Affidavit of Attesting Witness;
4) Death Certificate/Coroner's Certificate.

€50.00 (PO order)
 

If the applying solicitor was one of the witnesses, we only require one affidavit.

Where a Will has been amended after execution.

1) Original Will;
2) Prepared copy of the Will in its original text;
3) Affidavit of attesting witness from both witnesses;
4) Death Certificate/Coroner's Certificate.

€50.00 (PO order)
 

Where the original Will has been lost or misplaced, papers must be prepared as a Court Application. The Probate Officer will determine whether the matter must go to Court

1) Notice of Motion;
2) Grounding Affidavit *;
3) Exhibit(s) (including the copy Will);
4) Booklet of pleadings.
see Court Applications

€100.00 (Notice of Motion)
 

The three essential proofs are i) that the original Will was unrevoked at the time of death, ii) that the Will was duly executed, and iii) that the copy Will being tendered is an authentic copy of the original Will.
If the Order is made, the copy Will exhibited in the Booklet of Pleadings and the Order should be presented in the application to the Seat Office

If it is alleged that the Grant was obtained by fraud or where the validity of the Will is challenged, a Court application must be made.      Otherwise, the Grant may be revoked or revoked & cancelled by the Probate Officer

1) Grounding Affidavit;
2) Original Grant.

Also, see Court Applications

€50.00 (PO order)
 

The application must be made by the grantee or with their consent.

Where there is a doubt as to the validity of a Will. E.g. due to concerns regarding the testamentary capacity of the deceased person, whether a Will was made in contemplation of marriage, or where there are procedural defects in the Will and the applicant is directed to apply to the Court.

1) Notice of Motion;
2) Affidavits as appropriate;
3) Exhibit(s) (including the copy will);
4) Booklet of pleadings.
see Court Applications

€100.00 (Notice of Motion)
 

Where a Caveat has been warned, and an appearance has been lodged, and consent of both sides to remove the Caveat is not forthcoming.

1) Notice of Motion;
2) Affidavits as appropriate;
3) Exhibit(s) (including the copy will);
4) Booklet of pleadings.
see Court Applications

€100.00 (Notice of Motion)
 

Where the applicant wishes to appoint a third party as administrator limited for a purpose.

1) Notice of Motion;
2) Affidavits as appropriate;
3) Exhibit(s) (including the copy will);
4) Booklet of pleadings.
see Court Applications

€100.00 (Notice of Motion)
 

Where the applicant wishes to have a person appointed full administrator by the Court.

1) Notice of Motion;
2) Affidavits as appropriate;
3) Exhibit(s) (including the copy will);
4) Booklet of pleadings.
see Court Applications

Where a person has extracted a Grant of Representation or otherwise intermeddled in the estate but wishes to renounce.

1) Notice of Motion;
2) Affidavits as appropriate;
3) Exhibit(s) (including the copy will);
4) Booklet of pleadings.
see Court Applications

Where more than one application for a Grant of Representation has been received in the same estate.

1) Notice of Motion;
2) Affidavits as appropriate;
3) Exhibit(s) (including the copy will);
4) Booklet of pleadings.
see Court Applications