Grant of Administration with Will Annexed

Solicitors guide to applying for a Grant of Administration with Will Annexed

This grant is issued when a person dies leaving a will, but either no executor is appointed in the will or the appointed person cannot or will not act as executor. The person entitled to apply for the grant in this case is usually determined by the terms of the will.  

This type of grant is necessary under the following circumstances:

The appointed executor renounces their role.
The executor(s) have passed away without proving the will.
No executor is named in the will.
The appointment of the executor is void.
The appointed executor refuses to apply for a grant of probate and does not renounce.
The executor resides abroad and is unable to apply in person.
The executor is a minor or lacks capacity to make their own decisions and therefore cannot administer the will.

Documents needed for a Grant of Administration with Will Annexed

Use this checklist to ensure you have all the necessary documents for a will annexed application.

Documents required for all applications:

Notice of Application for Solicitors - Will Annexed
Oath/Bond Form (original only – no copies are required). Ensure you use the right form of oath: Oath of Administrator with Will Annexed including bond for single applicant or Oath of Administrator with Will Annexed for more than one applicant
Original will and codicil (if applicable)
One engrossment of the will
Original Death Certificate or an interim Death Certificate from a Coroner (if the death certificate has not yet been issued). Only certified copies will be accepted; uncertified copies are not permissible.
Notice of Acknowledgement (Probate) from Revenue.ie for deaths on or after December 5, 2001
Revenue Affidavit (CA24) from Revenue.ie for deaths before December 5, 2001
Probate Fee

Documents required in certain circumstances:

Statement of Current Market Value: Required if the date of death is over 2 years ago. The oath must also specify the current market value in this case.
Administration Bond: If date of death is before 1967, please ensure to lodge the correct form of bond: Bond for deaths before 01/06/1959 or Bond for deaths between 01/06/1959 & 31/12/1966
Affidavit of Testamentary Capacity from a doctor: if the will was made within 10 years of the death and the Death Certificate indicates any of the following as a cause of death: Cognitive Impairment, Alzheimer's, Dementia.
Affidavit of Attesting Witness: if the will lacks a valid attestation clause.
Affidavit of Plight and Condition: if the will is torn or shows signs that another document may have been attached to it.
Renunciation form: For renunciation of administration for Will Annexed.
Charitable Bequest Form: if the will contains a charitable bequest, you must complete the Charitable Bequest Form.
Court/Probate Officer's Order: certain types of specialised applications will require a Court/Probate Officer’s Order. 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.

More information to help you with your application is contained in each of the sections below:

Oath - Will Annexed Applications

An oath is a sworn written document that confirms the applicant will faithfully administer and account for the estate.

Use the specific form listed under required documents for a grant of administration with will annexed.

Please just submit the original of the oath. No copies are required.

Requirements for Completing an Oath for an Administration with Will Annexed Application

Ensure names and addresses of all parties are consistent across all documents - any differences in names and addresses must be accounted for in the oath.
Ensure the title specified in the oath is correct.
Confirm that the deceased named in the oath is the same person referred to in the death certificate.
Confirm that the deceased did not enter into a civil partnership after making the will.
Verify that the date and place of death listed in the oath match those on the death certificate.
State the relationship of the applicant(s) to the deceased.
If you are submitting your application within 2 years of the date of death: Ensure the total gross Irish estate is consistent with your Notice of Acknowledgement (Probate) Form.
If you are submitting your application more than 2 years after the date of death: You must get a Statement of Current Market Value from a property valuer. Ensure you specify the current market value for the total gross Irish estate amount in the oath. You must also submit the Statement of Current Market Value with your application.
Verify that the Jurat complies with SI No. 95 of 2009 and is completed before submitting it to a solicitor. View examples of correct and incorrect Jurats.
Ensure the filing clause is complete.
Ensure all documents exhibited in the oath are signed and dated by the deponent and the person before whom the oath was sworn. The actual exhibit must be signed - exhibit sheets are not accepted.
The date of each exhibit must be cited in the oath.

Title - Will Annexed Applications

The oath must specify the entitlement that the person who is applying has to make the application.

It is crucial to ensure that the title is specified correctly, that names are accurate and consistent across all paperwork, and that they match those in the will.

If a title is incorrect or incomplete or the names specified are inconsistent with other documents, your application will not proceed.

The title in the oath for will annexed applications must clear off all executors. If all executors have not been cleared off we will not be able to process your application for a grant of administration with will annexed. In this case, you would need to make an application for a grant of probate with an executor as the applicant.

The person entitled to apply for a grant of administration with will annexed once all executors have been cleared off is the residuary legatee(s) and devise(s) or the universal legatee and devisee.

Below are some examples of valid title for some scenarios. You can combine these to meet the needs of your particular scenario, for example, if more than one executor is named in the will, each should be addressed stating the specific reason that they have been cleared off.

Examples of title for a single applicant:

"Did not therein name any executor 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 I am the residuary legatee and devisee named in the said will."
"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 survived the deceased and since died and I am the residuary legatee and devisee named in the said will."

Examples of title for multiple applicants:

"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 and we are the residuary legatees and devisees 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 and we are the residuary legatees and devisees named in the said will."

Bond - Will Annexed Applications

A bond is required for all grant of administration (intestacy and will annexed) applications. A bond guarantees that an administrator will properly carry out their duties for the benefit of the estate.

Bond Templates:

Select the correct bond template based on the death date of the deceased:

For deaths after 01/01/1967 - Will Annexed Bond 1967 form.
For deaths between 01/06/1959 and 31/12/1966 - Will Annexed Bond 1966 form.
For deaths before 01/06/1959 - Will Annexed Bond 1959 form.

Please just submit the original of the bond. No copies are required.

Please note that sureties to a Bond are no longer necessary unless required by the High Court, Probate Officer, or the relevant District Probate Registry

Requirements for Completing a Bond:

Ensure names and addresses of all parties are consistent across all documents - any differences in names and addresses must be accounted for in the bond.
Verify that the deceased named in the bond matches the person referred to on the death certificate and in the oath.
Ensure the date and place of death listed in the bond match those on the death certificate.
The penal sum in the bond must be twice the Gross Current Value of the estate.
Sign, seal, and deliver the bond - no swearing is required. Failure to seal the bond will result in delays in processing your application.
The bond must be executed before the same commissioner or practicing solicitor before whom the oath was sworn.

Will

Will Submission Requirements

Submit an original will or a court-certified copy with your grant of probate or will annexed application. This document must be signed by both the applicant(s) and the commissioner before whom the oath was sworn.

Additional Documentation Requirements

In certain cases, you may need to provide additional documents along with the will:

Affidavit of Attesting Witness or Court Order: Required if:
- The will lacks a valid attestation clause.
- There are amendments to the will requiring an explanation for those changes or additions.
- The will is composed of multiple separate sheets of paper.
Affidavit of Plight and Condition: Necessary if the will is damaged or shows signs that another document may have been previously attached.
Probate Officer’s Order: Required when:
- The will references additional documents such as maps or lists.
- The will is in a foreign language and needs translation verification.
- The will is lodged in the Wards of Court office.

Renunciation

What does renunciation mean?

This is when an executor or nearest next of kin wishes to renounce their rights to administer the estate. Anyone who renounces is generally unable to participate in administration of the estate at any future stage, unless the Court grants permission for them to do so.

If someone wishes to renounce, they will need to:

Complete and sign the Renunciation of Administration form in the presence of a neutral witness.
Exhibit the renunciation correctly in the oath.

Renunciation between 1 and 3 years before applying: If the renunciation was executed between 1 and 3 years before the initial grant of representation application, a letter from the lodging solicitor is required to confirm that the person is still alive and a consent from the person renouncing, stating that their renunciation is still valid, must be enclosed.

Renunciation more than 3 years before applying: If the renunciation was executed between 1 and 3 years before the initial grant of representation application, a newly executed renunciation is required.

Affidavits

Affidavit of Testamentary Capacity

An Affidavit of Testamentary Capacity is always required when:

The person died in a psychiatric hospital.
The will was made within 10 years of the date of death and the death certificate refers to Alzheimer's, dementia or cognitive impairment.
The will was made when the person who died was in a psychiatric hospital.

The Affidavit of Testamentary Capacity must:

Be from a doctor.
Clarify the extent of the doctor’s familiarity with the deceased's mental capacity, specifying whether they were a patient or if the doctor reviewed medical records around the time the will was made.

Affidavit of Attesting Witness

Be from someone who signed or was present at the time the will, or additional document, was officially created.
Address the points raised by the Probate Office, ensuring that the document was correctly and lawfully signed or completed.

Affidavit of Plight and Condition

Be provided by someone who has knowledge of the events surrounding the will, particularly those aspects in question, even if they did not witness the signing of the will.
Address the concerns or questions raised by the Probate Office.

View examples of correct and incorrect Jurats.

Committee

A committee is appointed if the person entitled to extract the grant in the deceased’s estate does not have the capacity to do so. This applies in all cases whether the deceased left a will or not.

Who is appointed committee?

If the person entitled is not a ward of court – a court application is required.
If the person entitled is a Ward of Court, the Committee appointed by the President of the High Court on foot of a Wards of Court Order may be entitled to apply.

Will Annexed with an attorney appointed

Will annexed applications are necessary if the Executor appointed under the Will resides outside this jurisdiction and wishes to appoint someone to extract the grant of representation on their behalf. If more than one Executor appointed under the Will, all Executors must reside outside the jurisdiction or if any Executor resides in this jurisdiction, they must renounce their entitlement to the grant.

If the Executor is unable to extract the grant due to a serious medical condition, they can appoint someone to extract the grant of representation on their behalf. (A probate officer’s order is required in this instance).

More information on additional requirements for Will Annexed Attorney applications:

Attorney - Will Annexed Applications

An Attorney is someone who is chosen and appointed by the person entitled (either under the Will or as next of kin) to make the application for the grant of representation on their behalf (most commonly when the person entitled resides outside of this jurisdiction).

It is important to note that:

If between one and three years have elapsed since the Power of Attorney was executed, a letter on headed paper from the applying Solicitor stating that the donor of the Power of Attorney is still alive, and that the Power of Attorney is still in force, must be lodged.
If three or more years have elapsed since the Power of Attorney was executed, a new Power of Attorney must be executed.

You will need to complete the power of attorney with Will Annexed (single applicant) form.

A person may appoint an attorney to apply when the following situations arise:

The person lives abroad.
The person lives in Ireland but is unable to manage their affairs due to physical incapacity.

Requirements when appointing a power of attorney:

A properly executed power of attorney must be exhibited in the oath and must also show the address and description of the donor and say that they are over 18 years of age. It must also be marked by the applicant and commissioner/solicitor before whom the oath was sworn. The Power of Attorney can be executed before any disinterested witness but it is desirable to have it executed before a notary public or person empowered to administer Oaths.
Make sure that any individuals who had prior or equal rights to apply and are currently living in Ireland have been appeased and their concerns have been addressed and resolved. A grant will not be given to the attorney of an executor who is outside the jurisdiction, if there are any executors residing within the jurisdiction these executors must first renounce. This does not apply to persons within the jurisdiction who are entitled to administration.
A probate officer's order is required in situations where the person who can apply lives in Ireland but has a physical disability preventing them from administering the estate.
The Title should follow the correct format, with the applicant identified as the Attorney. For example: “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”.

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