De Bonis Non Grants

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Solicitor's Guide to Applying for a De Bonis Non Grant

Important: This type of application must be submitted by a solicitor.

 

A De Bonis Non application is required when the administrators of an estate die leaving assets of the deceased unadministered. The grant is given to another party equally entitled or, if none, to the next person entitled.

There are two types of de bonis non application.

Administration Intestate De Bonis Non

A Grant of Administration Intestate De Bonis Non is issued when there is no will and the administrator of an estate dies without having fully administered the assets in the estate. This type of grant can be issued to another party equally entitled or, if none, to the next person entitled.

Checklist for Administration Intestate De Bonis Non

Use this checklist to ensure you have all the necessary documents for an application for Administration Intestate De Bonis Non: 

Documents required for all applications

  1. Notice of Application
  2. Oath/Bond form (original only – no copies required). Ensure you use the right form of oath: Oath of Administrator De Bonis Non for single applicant or Oath of Administrator De Bonis Non for more than one applicant
  3. Original grant (If original grant is lost or not available a sealed and certified copy of both the will and the grant must be included/lodged and a letter explaining why the original grant is not being lodged and undertaking to lodge same if it becomes available) 
  4. Notice of Acknowledgement (Probate) form received from Revenue.ie – for deaths on or after December 5, 2001
  5. Inland Revenue Affidavit (Form A3C) with the current market value used throughout – for deaths before December 5, 2001
  6. Probate Fee - €150

Documents required in certain circumstances

  1. Administration Bond: If the 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

Please Note: if the first grant in the deceased’s estate issued from a District Probate Registry since 1967, the De Bonis Non application must also be made to that District Probate Registry. 

If the first grant issued prior to 1967, the De Bonis Non application must be made to the Probate Office in Dublin.

Oath - Intestate 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 intestate.

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

Requirements for Completing an Oath for an Administration Intestate 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.
  • 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 - Intestate applications

 

It is crucial to ensure that full legal entitlement is set out in the oath.

Title requirements are only required for deaths after 01/01/1967.

If legal entitlement is not set out in the oath, a title is incorrect or does not match across documents, your application will not proceed.

Below are some sample titles that can be used in an Oath of Administrator for a grant of administration intestate application. This is not a complete list, and the examples shown may need to be tailored to suit your specific application.

Examples of the correct use of title for grant of administration intestate applications

Civil Status of DeceasedWho is applyingPotential TitlesAdditional Requirements
MarriedSpouseDied intestate and I am the lawful spouseNone
In Civil PartnershipCivil PartnerDied intestate and I am the lawful civil partnerCopy of Civil Partnership Registration
WidowedChild of deceasedDied intestate a widow(er) and I am the lawful childNone
Surviving Civil PartnerChild of deceasedDied intestate a surviving civil partner and I am the lawful childNone
Divorced (in Ireland)Child of deceasedDied intestate a divorced person pursuant to Circuit Court Order/High Court Order dated the …. day of ….. and I am the lawful childCopy of Irish divorce order
Divorced (outside Ireland and divorce recognised in Ireland)Child of deceasedDied intestate a divorced person which divorce has been recognised in Ireland by order of the court dated the … day of ….and I am the lawful childIrish court order recognising the divorce
Married/in Civil PartnershipChild of deceasedDied intestate a married man/woman leaving him/her surviving his/her lawful spouse/ Civil Partner XXXXX who has since died and I am the lawful childNone
Married/in Civil Partnership/ Separated but not divorcedChild of deceasedDied intestate leaving him/her surviving his/her lawful spouse/Civil Partner  XXXXX who has duly renounced his/her rights (upon which renunciation/Separation Agreement dated the xxx day of xxxxxx I have marked my name prior to the swearing hereof) and I am the lawful childNone
Married/in Civil Partnership/ Separated but not divorcedChild of deceasedDied intestate leaving him/her surviving his/her lawful spouse/Civil Partner  XXXXX whose rights have been extinguished pursuant to Section 14 of the Family Law Act 1995 by order of the court dated the ..... day of .... and I am the lawful childRenunciation must be lodged and exhibited in oath  OR  lodge copy of Separation Agreement if not Judicially separated
Never Married or in Civil PartnershipChild of deceasedDied intestate a single person who never married  or entered into a civil partnership and I am the lawful childLong form Birth Certificate
Grandchild of deceased (no child surviving)Died intestate a widow without having entered into a civil partnership and who died without child and I am the lawful grandchildNone
Grandchild of deceased (child surviving)Died intestate a widow without having entered into a civil partnership leaving her surviving one lawful and only child XXXX who has since died and I am the lawful child of YYYYY who was a lawful child of and who predeceased the deceasedNone
Parent of deceasedDied intestate a widow(er) without having entered into a civil partnership /surviving Civil Partner without issue and I am the lawful mother/fatherNone
Parent of deceasedDied intestate a divorced person pursuant to Circuit Court Order/High Court Order dated the …. day of ….. without issue and I am the lawful mother/fatherCopy of divorce order
Parent of deceasedDied intestate a single person who never married or entered into a civil partnership without issue and I am the lawful mother/fatherNone
Brother/sister of deceasedDied intestate a widow(er) without having entered into a civil partnership/surviving Civil Partner  without issue or parent and I am the lawful brother/sisterNone
Brother/sister of deceasedDied intestate a divorced person pursuant to Circuit Court Order/High Court Order dated the …. day of ….. without issue or parent and I am the lawful brother/sister without issue or parent and I am the lawful brother/sisterCopy of divorce order
Brother/sister of deceasedDied intestate a single person who never married or entered into a civil partnership without issue or parent and I am the lawful brother/sister None
Nephew/niece of deceasedDied intestate a widow(er) without having entered into a civil partnership /surviving Civil Partner without issue or parent or brother or sister and I am the lawful nephew/nieceNone
Nephew/niece of deceasedDied intestate a divorced person pursuant to Circuit Court Order/High Court Order dated the …. day of …..  without issue or parent or brother or sister and I am the lawful nephew/nieceCopy of divorce order
Nephew/niece of deceasedDied intestate a single person who never married or entered into a civil partnership without issue or parent or brother or sister and I am the lawful nephew/nieceNone
Legal Personal Representative of Spouse/Civil PartnerDied intestate without issue leaving him/her surviving his/her lawful spouse/Civil Partner xxxxxxx who has since died and I am the legal personal representative of the said xxxxxxx under grant of representation which issued to me on the …..day of ….......None
Legal Personal Representative of Spouse/Civil PartnerDied intestate without issue of a predeceased child leaving him/her surviving his/her lawful spouse/Civil Partner xxxxxxx who has since died and one lawful and only child yyyyyyyyy who has since died and I am the legal personal representative of the said xxxxxxx None
Legal Personal Representative of Spouse/Civil PartnerDied intestate without issue of a predeceased child leaving him/her surviving his/her lawful spouse/Civil Partner xxxxxxx who has since died and one lawful and only child yyyyyyyyy who has since died and I am the legal personal representative of the said xxxxxxx None

Bond - Intestate 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:

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.

Attorney - Intestate applications

An attorney is someone appointed to represent an applicant who is unable to act for themselves or has chosen to nominate someone else to act on their behalf.

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 Administration Intestate 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 to appoint 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.
  • Ensure individuals who had a prior or equal rights to apply and are currently living in Ireland have been appeased with and their concerns have been addressed and resolved.
  • 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 Name Surname, the sole executor and lawful brother etc. under Power of Attorney dated the Nth Day of Month and marked by me/us prior to the swearing hereof.”

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.

To execute a renunciation two things are needed:

  1. The person who is renouncing must complete and sign the Renunciation of Administration form in the presence of a neutral witness.
  2. The completed renunciation form must be exhibited 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.

Administration with Will Annexed De Bonis Non

If the deceased left a will and the party who took out the previous grant in their estate has died, and all other executors have either died or renounced, a Grant of Administration with Will Annexed De Bonis Non can be issued to the next person entitled.

Checklist for Administration with Will Annexed De Bonis Non

Use this checklist to ensure you have all the necessary documents for an application for Administration with Will Annexed De Bonis Non: 

Documents required for all applications

  1. Notice of Application
  2. Oath/Bond form (original only – no copies required). Ensure you use the right oath form:  Oath of Administrator WWA De Bonis Non for single applicant or Oath of Administrator WWA De Bonis Non for more than one applicant. Please ensure to amend the reference to exhibiting the “true and original last Will” in the Oath as this is not what is being exhibited in a De Bonis Non application
  3. Original grant (If original grant is lost or not available a sealed and certified copy of both the Will and the Grant must be included/lodged and a letter explaining why the original grant is not being lodged and undertaking to lodge same if it becomes available) 
  4. One engrossment of the will
  5. Notice of Acknowledgement (Probate) form from Revenue.ie – for deaths on or after December 5, 2001
  6. Inland Revenue Affidavit (Form A3C) from Revenue.ie – for deaths before December 5, 2001. The current market value of any property in the estate must be used throughout
  7. Probate Fee - €150

Documents required in certain circumstances

  1. Administration Bond: If the 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

Please Note: if the first grant in the deceased’s estate issued from a District Probate Registry since 1967, the De Bonis Non application must also be made to that District Probate Registry. 

If the first grant issued prior to 1967, the De Bonis Non application must be made to the Probate Office in Dublin.

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

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."

Attorney - Will Annexed Applications

An attorney is someone appointed to represent an applicant who is unable to act for themselves or has chosen to nominate someone else to act on their behalf.

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.
  • 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”.

Renunication

 

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.

To execute a renunciation two things are needed:

  1. The person who is renouncing must complete and sign the Renunciation of Administration form in the presence of a neutral witness.
  2. The completed renunciation form must be exhibited 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:

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

The Affidavit of Testamentary Capacity must:

  1. Be from a doctor.
  2. 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

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

Affidavit of Plight and Condition

  1. 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.
  2. Address the concerns or questions raised by the Probate Office.

View examples of correct and incorrect Jurats.