Probate orders
Sometimes you need an order from the Court or the Probate Officer before you can proceed with your probate application.
The links below will help you identify whether a Court order or a Probate Officer's order is needed.
Where the person who died was domiciled abroad (Limited to moveable or Immovable estate)
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:
- Cover letter requesting grant to be limited
- Copy death certificate, copy will, oath (may be draft)
- Statement of Affairs or Schedule of Assets as appropriate
- Affidavit of Law or sealed & certified copy of foreign grant where limited to moveable estate.
- A fee of €50 (stamped fees only)
Appoint a guardian for minors
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:
- Petition from proposed guardian (Mongey, p 109)
- Proof of parentage (long form birth certificate/declaration of parentage where father's name not on birth certificate)
- Death certificate/Coroner's certificate
- Election
- 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.
Appoint an attorney where physically impaired
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:
- Grounding Affidavit
- Affidavit from a medical practitioner as to the entitled person's physical incapacity and mental capacity
- Power of Attorney
- Death certificate/Coroner's certificate
- A fee of €50 (stamped fees only)
Incorporating a map or other document
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:
- Grounding Affidavit
- Affidavit of Attesting Witness*
- Original will and map
- Death certificate/Coroner's certificate
- 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.
Prove a will in terms of a translation
Order type: Probate Officer’s Order
In short: Where the will is not in English.
- Refer to Order 79 Rule 5(10)
Requirements:
- Grounding Affidavit from Solicitor
- Affidavit of law from independent lawyer with expertise in succession law in country of domicile
- 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.
- Death certificate/Coroner's certificate
- 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.
Refusing probate of a will
Order type: Probate Officer's Order
In short: Where necessary, the Probate Officer may make an order refusing probate of a will for non-compliance with Section 78 of the Succession Act 1965.
- Refer to S 78 of the Succession Act, 1965
Requirements:
- Original Will
- Grounding Affidavit
- Affidavit of Attesting Witness
- Death certificate/Coroner's certificate
- 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.
