Check if an Ad Litem Grant is required
An Ad Litem Grant is required when:
- a grant has not yet issued in the deceased’s estate, and
- another person or organisation needs to issue legal proceedings against the estate, and
- there is urgency (“time is of the essence”).
The court appoints a person to extract a limited grant solely for the purpose stated in the court order. In most cases, this appointed person is not entitled to administer the estate.
What the court order must cover
- the name of the person appointed to extract the Ad Litem Grant,
- the authority granted under Section 27(4) of the Succession Act 1965,
- the specific limitations of the grant (e.g., “for the purpose of issuing proceedings only”).
Next: Once the Probate Judge has issued an order, you must collect certain documents to proceed with the application.
Gather your documents
After the Probate Judge grants an order, the following documents must be submitted:
Required documents
- Original Attested Copy Court Order
(obtained from the Rules Office of the Probate Office). - Oath/Bond Form (usually Administration).
The oath must:
- cite the Court Order by place and date,
- set out the limitations exactly as stated in the order,
- identify the applicant as:
“the person appointed pursuant to Section 27(4) of the Succession Act 1965.”
- Notice of Application with the relevant fee.
- Death Certificate or Coroner’s Certificate if the Death Certificate is not yet available.
- Probate fee
If the Court Order permits Letters of Administration with Will Annexed
You must lodge:
- an Oath of Administrator with Will Annexed, and
- the original will, exhibited in the oath.
Prepare and submit your application
Oath requirements
- Include all variations of names and addresses with consistency across all documents.
- Ensure all titles are correct and reflect the limitations in the Court Order.
- Confirm the deceased matches the person named on the death certificate.
- Ensure date and place of death match the death certificate.
- State the relationship of the applicant to the deceased (if any).
- Ensure the gross Irish estate matches the Notice of Acknowledgement (Probate) Form.
- The jurat must comply with SI 95 of 2009.
- Ensure the filing clause is complete.
- All exhibits must be signed and dated by the deponent and the commissioner/solicitor.
See examples of correct and incorrect jurats
Submit your application
Lodge the following in the Probate Office:
- Court Order,
- Completed oath/bond,
- Notice of Application fee,
- Death Certificate/Coroner's Certificate,
- Original will (if Will Annexed is permitted).
Applications are reviewed for completeness. Queries may be raised if documents, titles, or the oath do not match.
