List of documents and other information required to make an application 

Grants of Probate

Grants of Probate

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Grants Of Probate - Documents Required

Document which must be lodged in ALL cases When needed Exceptions (where there may be an alternative to lodging the document) Why is this required?
Notice of Application In all cases No exceptions To enable details of application to be recorded immediately
Oath of Executor In all cases No exceptions Evidence upon which grant issues
Original Will (and original codicils if applicable) In all cases

If original is unavailable then lodge (i) a Court sealed and certified copy of a previously proved will 

OR  (ii) a copy will proved by the High Court.  High Court Order must be lodged along with CORRECT and ACTUAL copy referred to in High Court order 

OR (iii) An official court copy of an unproved will

 Essential proof
One Engrossment of Will (copy of Will certified by solicitor to be a true copy of the original) In all cases No exceptions To be incorporated into the Grant of Probate
Original Death Certificate In all cases If death certificate has not yet issued then an interim Death Certificate from a Coroner is acceptable Essential proof that deceased is actually deceased
Notice of Acknowledgment (Probate) Form received from Revenue Commissioners- find more information on Revenue.ie In all cases for dates of death on 5th December 2001 onwards No exceptions To comply with Section 48A CAT Consolidation Act 2003

Inland Revenue Affidavit - CA24 - appropriate to date of death pre-5th December 2001 - the copy certified by the Revenue Commissioners with Certificate for the High Court - find more information on Revenue.ie

 In all cases for dates of death prior to 5th December 2001 No exceptions To comply with Section 48(2) CAT Consolidation Act 2003 
Probate Fee  In all cases No exceptions Required under S.I. No. 492 of 2014

 

Additional Documents That May Be Required When needed Exceptions Why is this required?
Affidavit of Testamentary Capacity from a doctor  This is necessary if requested by the Probate Office. Instances where it may be required include: If death cert indicates Dementia, Cognitive Impairment or Alzheimer’s Disease around the time the will was made. If doctor is unavailable evidence from another source may be acceptable. Alternatively the High Court may order that the will be proved.  The High Court order must be lodged in this case. A testator must be of sound mind to make a valid will
Affidavit of Attesting Witness  If Attestation Clause is defective or if it seems to contradict the number of pages in the will or if there are alterations and/or Amendments to a Will or if there is no attestation clause If the High Court orders the will be proved notwithstanding the defect To comply with Succession Act requirements for a valid will
Affidavit of Plight and Condition If the Probate Office deems that there is any problem with the condition of the will If the High Court orders the will be proved notwithstanding the plight and condition To ensure the will was not amended OR REVOKED or attachment subsequent to the testator signing it
Renunciation If an executor renounces No exceptions if executor renouncing. Not required if reserving the rights of an executor. To show title
Charitable Bequest Form If the will contains a charitable bequest  No exceptions To allow Charities Regulator to ensure charitable bequests are followed through
Court/Probate Officer's Order Certain types of specialised applications. Only original copy attested by the Probate Office is acceptable. See list at Order 79 of the Court Rules. If a Court/Probate Officer's order has been made it must be referred to in the oath  No exceptions if an order is necessary Necessary proof

 

Death Certificate

Requirements
A death certificate must be lodged. Must be original, no copies
A coroner’s interim death certificate will be accepted where the final death cert is not yet issued. Must be original, no copies
Check that the name, address,date of death and place of death are correctly reflected in all documents.

Please Note: These Documents will be retained by the Probate Office

Oath of Executor

Please use correct precedent Oath. Oath of Executor (single applicant) or Oath of Executors (more than one applicant)

Requirements
Original Only, No copies required. 
Ensure names and addresses of all parties are consistent across all documents
Confirm testator did not enter into civil partnership after making will
Ensure that the deceased and the Executor(s)/applicant(s) in the oath are the same persons referred to in the will and the death certificate. 
All differences in names and addresses must be accounted for in the oath
Ensure correct Title (see next tab on this page for more information)
State relationship of applicant to deceased
Date and place of death must be as per the death certificate
Total Gross Irish Estate as per Notice of Acknowledgement (Probate) Form
Jurat must comply with SI No. 95 of 2009 and cannot be executed before lodging solicitor
Complete the filing clause
All exhibits must be signed by deponent and the person who administered the oath.  The date of the exhibit must be cited in the oath.  N.B. the actual exhibit must be signed.  Exhibit sheets are not accepted.

 

 

 

Title

Applicant MUST be an executor named in the deceased’s will.  Otherwise an application for Administration with Will Annexed is required.

N.B. All Executors must be accounted for in the oath.

Examples  
I am the Sole Executor named in the said will We are the executors named in the said will
I am the sole surviving executor We are the surviving executors named in the said will
I am one of the executors named in the said will reserving the rights of the other executor(s) We are two of the executors named in the said will reserving the rights of the other executor(s)
I am one of the executors named in the said will, the other executor AB having duly renounced her rights upon which renunciation dated the xxx day of xxxx2019 I have marked my name prior to the swearing hereof We are two of the executors named in the said will, the other executor AB having duly renounced her rights upon which renunciation dated the xxx day of xxxx2019 I have marked my name prior to the swearing hereof
I am the substituted executor named in the said will, the sole instituted executor AB having predeceased the deceased We are the substituted executors named in the said will, the sole instituted executor AB having predeceased the deceased
I was a Partner in the firm of AB Solicitors at the date of death of the deceased and as such one of the executors named in th esaid will, reserving the rights of the other executors We were two of the Partners in the firm of AB Solicitors at the date of death of the deceased and as such two of the executors named in the said will, reserving the rights of the other executors
I was the sole principal in the firm of AB Solicitors at the date of death of the deceased and as suchthe sole executor named in the said will -

 

 

Will

 A Will is always required (unless already proved in another jurisdiction, lost or lodged in Wards of Court or Probate Office)

Document needed Exception/Remedy
Original will (& codicil if applicable) 1.  If original Will has been proved in another jurisdiction a Sealed and Certified copy of the Will is required. 2.  If original Will lost then correct copy will as per High Court order or Probate Officer's Order 3. If original unproved will is lodged in either Probate Office or Wards of Court Office for for any particular reason, then an official copy is required.  This can be obtained from the Probate Rules Office.
Two copies to be certified by solicitor.  One of these will be incorporated into the grant of probate and the other will be sent to the Revenue Commissioners No exceptions

 

Requirements Exceptions/Remedy
The Original (or Sealed and Certified copy if applicable) Will to be marked by applicant(s) and commissioner before whom oath was sworn. No exceptions
If the Will does not have a valid attestation clause  Affidavit of Attesting Witness required or Court Order
Alterations/amendments to its text may need to be explained Affidavit of Attesting Witness required or Court Order
If the Will is torn or contains evidence of any document that may have been attached to it (e.g. by staple or clip mark) Affidavit of Plight and Condition required
If the will incorporates a document such as a map or a list Probate Officer's Order required
If the will is lodged in the Wards of Court Office  
If the will is on separate sheets of paper Affidavit of Attesting Witness required or Court Order
If the will is in foreign language Probate Officer's Order required

 

Renunciation

Form: Renunciation of Administration

Requirements for Renunciation  Requirements for Reserving an Executor's rights
Person renoucing must sign a renunciation form before a disinterested witness No need for executor whose rights are being reserved to sign any document
Renunciation must be properly exhibited in the oath No need to exhibit any document
Once anyone renouces he/she cannot act at a future stage except by order of the Court An executor whose rights have been reserved may act at a future stage
In any case where the renunciation is executed more than one calendar year before the application is first made, a letter is required from the solicitor confirming that the person renouncing is still alive and enclosing a consent from the person renouncing stating that their renunciation is still valid.  -

 

Affidavits

Document Type Source Requirements
Affidavit of Testamentary Capacity from a doctor Must be from a doctor Must state how doctor is familiar with state of testator's capacity (e.g. was a patient or reviewed files etc.).
 Affidavit of Attesting Witness  Must be from witness who signed OR from someone who was present at the time of execution Must cover due execution the points raised by the Probate Office
Affidavit of Plight and Condition Must be someone who has knowledge of whatever happened the will that is now causing a query (not necessarily a witness to the will). Must cover the points raised by the Probate Office