Applying for a Foreign Domicile
Check if foreign domicile rules apply

Step 2 of 5: Identify the type of property in Ireland

The rules depend on what the deceased owned in this jurisdiction. There are three possible scenarios:

1. Movable and immovable property in Ireland

• You must show entitlement under Irish law (title in the oath), and
• You must show entitlement under the law of the country of domicile, either by lodging:
  • a sealed and certified copy of the foreign grant and will, or
  • an affidavit of law if no foreign grant has issued.

2. Movable property only in Ireland

• You must show entitlement under the law of the country of domicile (foreign grant or affidavit of law).
• If you also have entitlement under Irish law, a full grant can issue.
• If you do not have entitlement under Irish law, a grant limited to the movable property can issue (Order 79 Rule 5(8)(a)).

3. Immovable property only in Ireland

• You must show entitlement under Irish law (title in the oath).
• If you can also show entitlement under the law of the country of domicile, a full grant may issue.
• If you cannot show entitlement under the law of the country of domicile, the grant will be limited to the immovable property (Order 79 Rule 5(8)(b)).

Step 3 of 5: Check entitlement requirements

Evidence of entitlement under the law of domicile

You must lodge one of the following (unless entitlement under foreign law is not required for the scenario):

• a sealed and certified copy of the foreign grant and will, or
• a properly sworn affidavit of law from a lawyer who practises or has practised in that jurisdiction.

Showing entitlement under Irish law

Where Irish law applies, entitlement must be shown clearly in the oath using the correct title for the grant type.

Failure to show entitlement under both systems of law (where required) will prevent the grant issuing.

Step 4 of 5: Prepare additional documents

Affidavit of Law

The affidavit must include:

• the facts of the case,
• the relevant foreign legislation governing entitlement,
• whether a foreign grant has issued,
• the foreign rules on the execution of wills (if applicable),
• who is entitled to administer under foreign law, and
• whether joint administration is required.

Foreign-language wills

A Probate Officer’s Order is required before lodging an application involving a foreign-language will.

See Probate Orders for more information.

Step 5 of 5: Submit your application

Your next step depends on the type of grant required and the property involved. Ensure:

• the correct entitlement is shown,
• all foreign documents are sealed and certified,
• translations (if required) are included, and
• the affidavit of law is complete and properly sworn.

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