An oath is a sworn document confirming the applicant will faithfully administer and account for the estate. Submit the original oath only.
Requirements for completing the oath
- Ensure names/addresses are consistent across all documents; explain any differences in the oath.
- Confirm the deceased did not enter into a civil partnership after making the will.
- Ensure the title in the oath is correct (more information below).
- Confirm the persons named in the oath match those in the will and death certificate.
- Verify the date and place of death match the death certificate.
- State the relationship of the applicant(s) to the deceased.
- Ensure the total gross Irish estate matches the Notice of Acknowledgement (Probate).
- Ensure the jurat complies with S.I. No. 95 of 2009. See jurat examples.
- Complete the filing clause.
- Sign and date every exhibit (by the deponent and the commissioner) and cite the date of each exhibit in the oath.
Title — probate applications
The oath must state the applicant’s entitlement to extract the grant. Incorrect or incomplete titles, or name inconsistencies, will prevent the application from proceeding.
Example titles (single applicant)
- “I am the sole executor named in the said will.”
- “I am the sole surviving executor.”
- “I am one 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 their rights upon which renunciation dated the xx day of xxxx 202x I have marked my name prior to swearing hereof.”
- “I am the substituted executor 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 the said will, reserving the rights of the other executor(s).”
- “I was the sole principal in the firm of AB Solicitors at the date of death of the deceased and as such one of the executors named in the said will.”
Example titles (multiple applicants)
- “We are the executors named in the said will.”
- “We are the surviving executors named in the said will.”
- “We are two of the executors named in the said will. The other executor, AB, having duly renounced their rights upon which renunciation dated the xx day of xxxx 202x we have marked our names prior to the swearing hereof.”
- “We are the substituted executors named in the said will, the sole instituted executor AB having predeceased the deceased.”
- “We are two of the partners in the firm of AB Solicitors at the date of death of the deceased and as such are two of the executors named in the said will, reserving the rights of the other executors.”
