List of documents and other information required to make an application 

Will Annexed Application

Will Annexed Application

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Will Annexed Application - 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 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 

Essential proof
Bond In all cases No exceptions Required under Succession Act 1965
Two Engrossments of Will (copies of will certified by solicitor to be a true copy of the original) In all cases No exceptions One copy is for transmission to Revenue Commissioners and one will 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 someone with a prior entitlement to the applicant renounces No exceptions if required for title 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
Probate Officer's/Court Order Certain types of specialised applications.  Only original copy attested by the Probate Office is acceptable. See 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
Letter of Current Valuation If there is immovable property in the estate AND papers are being lodged in Probate Office more than 12 months from date of death  No exceptions Oath and Bond must reflect current value. Probate Office thus need to ascertain current value. 

 

Oath Of Administrator

Please use correct precedent Oath. 
Oath of Administrator with Will Annexed including Bond (single applicant) 
or Oath of Administrators with Will Annexed including Bond (more than one applicant)

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 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 - if date of death within 2 years of papers being lodged use value as per Notice of Acknowledgement (Probate) Form

If date of death is more than 2 years of papers being lodged, use current market value for property. Statement of Current Market Value will also be required.

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.

 

Will Annexed Titles

In all cases all executors must be cleared off - otherwise apply for a Grant of Probate

Person entitled once all executors have been cleared off is the residuary legatee(s) and devisee(s) / Universal legatee and devisee

How can an executor be cleared off? Sample titles 1 residuary legatee and devisee applying Sample titles more than 1 residuary legatees and devisees applying
Did not therein name any executor Did not therein name any executor and I am the residuary legatee and devisee named in the said will Did not therein name any executor and we are the residuary legatees and devisees named in the said will
Did therein name as executor X who has duly renounced his/her rights under deed of renunciation dated the …. Day of…............ and marked by me prior to the swearing hereof Did therein name as executor X who has duly renounced his/her rights under deed of renunciation dated the …. Day of…............ and marked by me prior to the swearing hereof and I am the residuary legatee and devisee named in the said will Did therein name as executor X who has duly renounced his/her rights under deed of renunciation dated the …. Day of…............ and marked by me prior to the swearing hereof and we are the residuary legatees and devisees named in the said will
Did therein name as executor X who has predeceased the deceased Did therein name as executor X who has predeceased the deceased and I am the residuary legatee and devisee named in the said will Did therein name as executor X who has predeceased the deceased and we are the residuary legatees and devisees named in the said will
Did therein name as executor X who has survived the deceased and since died Did therein name as executor X who has survived the deceased and since died and I am the residuary legatee and devisee named in the said will Did therein name as executor X who has survived the deceased and since died and we are the residuary legatees and devisees named in the said will

If more than one executor named in will then a combination of the above may be used

N.B. All executors must be cleared off

Bond

Please use correct precedent Bond

Date of Death  
Deaths after 01/01/1967 Will Annexed Bond
Deaths between 01/06/1959 and 31/12/1966 Will Annexed Bond
Deaths before 01/06/1959 Will Annexed Bond

 

Bond Requirements
Original Only, No copies required. 
Ensure names and addresses of all parties are consistent across all documents
Ensure that the deceased in the Bond is the same person referred to in the death certificate and Oath. 
All differences in names and addresses must be accounted for in the Bond
Penal sum must be double the Gross Current Value of the estate
Bond must be signed sealed and delivered - it is not sworn
A seal must be affixed to the Bond
Bond must be executed before the same Commissioner/Practising Solicitor before whom oath was sworn
If Will Annexed application delete reference to penultimate sentence re: allowing will to be proved

 

Power of Attorney

In certain circumstances, an Attorney can apply on someone else's behalf. This can be done whether there is a Will or whether the deceased died intestate. Power of Attorney (Will Annexed).

Situations where this can happen Requirements
The person entitled to apply lives abroad 

Properly executed Power of Attorney which must be correctly exhibited in Oath. Oath of Administrator with Will Annexed (single applicant). or Oath of Administrator with Will Annexed (more than one applicant)

All persons with a prior entitlement and all persons with equal entitlement who are living in this jurisdiction must be cleared off

Title is exactly as normal with the applicant described as "the Attorney lawfully appointed by …............ the sole executor/residuary legatee and devisee/ lawful brother etc. etc. under Power of Attorney dated the ….. Day of …...... and marked by me/use prior to the swearing hereof"

Please note that if a Power of Attorney is over 1 year old, a letter must be provided confirming that the Donor is still alive and that the Power of Attorney is still in force

The person entitled to apply lives in Ireland but has a physical disability such that they cannot administer the estate

Properly executed Power of Attorney which must be correctly exhibited in Oath. Oath of Administrator with Will Annexed (single applicant) or Oath of Administrator with Will Annexed (more than one applicant)  and Probate Officer's Order (click here for procedure for Probate Officer's order)

All persons with a prior entitlement must be cleared off

Title is exactly as normal with the applicant described as "the Attorney lawfully appointed by …............ the sole executor/residuary legatee and devisee/ lawful brother etc. etc. under Power of Attorney dated the ….. Day of …...... and marked by me/use prior to the swearing hereof on foot of Probate Officer's order dated the .... day of ......"

Please note that if a Power of Attorney is over 1 year old, a letter must be provided confirming that the Donor is still alive and that the Power of Attorney is still in force

 

 

 

 

Committee

If the person entitled to apply for a Grant is a person of unsound mind then someone can apply on their behalf. This can be done whether there is a will or whether the deceased died intestate

Requirements      
If the person entitled is not a Ward of Court Probate Officer's Order (click here for procedure) All persons with a prior entitlement must be cleared off Title is exactly as normal with the applicant described as "the Committee lawfully appointed of …............ the sole executor/residuary legatee and devisee/ lawful brother etc. etc. by order of the Probate Officer dated the ….. Day of …...... "
If the person entitled is a Ward of Court Court Order needed.  Contact the Office of Wards of Court for details  All persons with a prior entitlement  must be cleared off Title is exactly as normal with the applicant described as "the Committee lawfully appointed of …............ the sole executor/residuary legatee and devisee/ lawful brother etc. etc. by order of the Court dated the ….. Day of …...... "

 

Guardian

If the person entitled to apply for a Grant is under 18 years of age then someone can apply on their behalf (a Guardian). This can be done whether there is a will or whether the deceased died intestate

Requirements    
Probate Officer's Order (click here for procedure) All persons with a prior entitlement must be cleared off Title is exactly as normal with the applicant described as "the Guardian lawfully appointed of …............ the sole executor/residuary legatee and devisee/ lawful child etc. etc. by order of the Probate Officer dated the ….. Day of …...... "