Orders

Order type: Probate Officer’s Order

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. 

• Refer to Order 79 Rule 5(8)(a) and (b)

Requirements:         

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.
5. A fee of €50 (stamped fees only)

Order type: Probate Officer’s Order

In short: 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.

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

Requirements:

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 certificate)
3. Death certificate/Coroner's certificate
4. Election
5. A fee of €50 (stamped fees only)

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

Order type: Probate Officer’s Order

In short: Where the person entitled to extract the grant is of sound mind but physically impaired.

• Refer to Order 79 Rule 23

Requirements:

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
5. A fee of €50 (stamped fees only)

Order type: Probate Officer’s Order

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

• Refer to Order 79 Rule 13 & 14

Requirements:

1. Grounding Affidavit
2. Affidavit of Attesting Witness*
3. Original will and map
4. Death certificate/Coroner's certificate
5. A fee of €50 (stamped fees only) 

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.

Order type: Probate Officer’s Order

In short: Where the will is not in English.

• Refer to Order 79 Rule 5(10)

Requirements:

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. The translator must have personally translated the will, give credentials, exhibit the will, and swear the translation is a true and accurate copy.
4. Death certificate/Coroner's certificate
5. A fee of €50 (stamped fees only)

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.

Order type: Probate Officer's Order

Requirements:

1. Original Will
2. Grounding Affidavit
3. Affidavit of Attesting Witness
4. Death certificate/Coroner's certificate
5. A fee of €50 (stamped fees only) 

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

Where the same person is swearing both the grounding affidavit and the affidavit of attesting witness you can submit one affidavit, but it must contain elements of both affidavits.

Order type: Probate Officer’s Order/Court Order

In short: Where a Will has been amended after execution.

Requirements:

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
5. A fee of €50 (stamped fees only)

Order type: Probate Officer’s Order/Court Order

In short: 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.

Requirements:

1. Notice of Motion
2. Grounding Affidavit
3. Exhibit(s) (including the copy will)
4. Booklet of pleadings
5. A fee of €100 (stamped fees only)

The three essential proofs are:

i) That the original will was unrevoked at the time of death.

ii) That the will was duly executed.

iii) That the copy will being tendered is an authentic copy of the original will.

If the order is made, when subsequently applying for a grant of representation, the copy will exhibited in the Booklet of Pleadings and the order should be included with the application.

Order type: Probate Officer’s Order/Court Order

In short: 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.

Requirements:

1. Grounding Affidavit
2. Original grant
3. Also, see Court Applications
4. A fee of €50 (stamped fees only)

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

Order type: Probate Officer’s Order

In short: Where there is a doubt as to the validity of a will, for example, 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. 

Requirements:       

1. Notice of Motion
2. Affidavits as appropriate
3. Exhibit(s) (including the copy will)
4. Booklet of pleadings - see Court Applications
5. A fee of €100 (stamped fees only)

Order type: Court Order

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

Requirements:       

1. Notice of Motion
2. Affidavits as appropriate
3. Exhibit(s) (including the copy will)
4. Booklet of pleadings - see Court Applications
5. A fee of €100 (stamped fees only)

Order type: Court Order

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

• Refer to S 27(4) of the Succession Act, 1965

Requirements:

1. Notice of Motion
2. Affidavits as appropriate
3. Exhibit(s) (including the copy will)
4. Booklet of pleadings -see Court Applications
5. A fee of €100 (stamped fees only)

Note: When lodging the application in the Rules office - please inform the staff of any impending deadlines due to the Statute of Limitations.

Order type: Court Order

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

• Refer to S 27(4) of the Succession Act, 1965    

Requirements:

1. Notice of Motion
2. Affidavits as appropriate
3. Exhibit(s) (including the copy will)
4. Booklet of pleadings - see Court Applications
5. A fee of €100 (stamped fees only)

Order type: Court Order

In short: Where a person has extracted a grant of representation or otherwise intermeddled in the estate but wishes to renounce.

• Refer to S 26(2) of the Succession Act, 1965    

Requirements:

1. Notice of Motion
2. Affidavits as appropriate
3. Exhibit(s) (including the copy will)
4. Booklet of pleadings - see Court Applications
5. A fee of €100 (stamped fees only)

Order type: Court Order

In short: Where more than one application for a grant of representation has been received in the same estate.

• Refer to Order 79 Rule 5(3)           

Requirements:

1. Notice of Motion
2. Affidavits as appropriate
3. Exhibit(s) (including the copy will)
4. Booklet of pleadings - see Court Applications
5. A fee of €100 (stamped fees only)