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Rejected applications: most common reasons

Set out below are the most common reasons why applications are rejected by the Probate Office.

Before submitting an application for a grant of representation to the Probate Office, we would ask you to familiarise yourself with the contents of this page.

In order to ensure that the Probate Office can deliver an efficient, effective service to all its customers, it is essential that the number of rejected applications are minimised. We would therefore ask for your co-operation in this regard.

No.

Reason for rejection

Tips on how to avoid this

1

No title (or title not properly indicated in the oath)

  1. Ensure the applicant is the correct person to apply for the grant before submitting your application.
  2. Ensure the applicant’s title is fully and clearly set out in the oath.
  3. Foreign domicile cases – ensure you read the information note.
  4. Useful resources:
    a. Probate Practice in a Nutshell (by Eamonn G. Mongey) – this book contains excellent specimen titles. (Page 94 supra, Second Edition) . The wording of the clearing off clause in your oath should follow the wording/format of the specimen titles set out in Mongey.
    b. Order 79, Rule 5(1) – sets out order of priority for intestacy cases (where date of death is on or after 1/1/67)
    c. Order 79, Rules 5(6) – sets out order of priority for will annexed cases (where date of death in on or after 1/1/1967)
    d. Succession Act 1965
    e. Order 79 in general.

2

Affidavit of attesting witness (AAW) required

  1. Read the information note on affidavits of attesting witness in advance of submitting your application. This outlines the main circumstances when an AAW is required.
  2. Review the will thoroughly to ascertain if there may be any reason why an AAW would be required.

3

Oath: value of estate in oath is incorrect

  1. The figure in the oath should be the gross estate.
  2. Where the executor is not the applicant, the estate in the oath should be split between real and personal estate. (Note: leasehold property = personal estate)
  3. Where the executor is not the applicant, the value of the estate in the oath should incorporate current market value of immoveable estate.
  4. Where the executor is the applicant, ensure the gross estate figure in the inland revenue affidavit matches the gross estate in the oath.
  5. In de bonis non cases, the current value of the immoveable unadministered assets should be indicated in the oath (and revenue affidavit).

4

Revenue affidavit: incorrect revenue affidavit sworn

  1. Ensure you are familiar with the various revenue affidavits and the correct procedures. Check the Guide to completing an Inland Revenue Affidavit 
  2. For deaths on or after 5/12/2001 (first grants), use Form CA24. There is a computer-fillable version available on www.revenue.ie. For this category of case, lodge the sworn revenue affidavit (x2) with your probate application in the Probate Office.
  3. For deaths prior to 5/12/2001 (first grants), check out www.revenue.ie to ascertain the correct form. In these cases, the revenue affidavit, once sworn, must be lodged with Revenue in the first instance. On obtaining the revenue certificate for the High Court, you can then lodge your probate application with the Probate Office. If you are in doubt about which form to use, contact Revenue.
  4. For de bonis non applications where the date of death is on or after 5/12/2001, use form A3C. There is a computer fillable version available on Revenue.ie.
  5. For de bonis non applications where the date of death is before 5/12/2001, check out www.revenue.ie for the correct form. If you are in doubt about which form to use, contact Revenue.

5

Revenue affidavit is incomplete/incorrectly completed.

  1. Ensure you are familiar with the Guide to completing an Inland Revenue Affidavit 
  2. Ensure you fully complete all sections of the revenue affidavit.
  3. Note the following items in particular:
    a. CA24, Part 8: double alpha PPS numbers are not acceptable for beneficiaries.
    b. CA24, Part 8: you must answer the question in relation to aggregable benefits for each threshold for each beneficiary listed
    c. CA24, Part 6: if property is indicated to pass by will or intestacy here, it should be included in Part 4 (as in it should form part of the estate).
    d. Ensure the CA24 is sworn before a solicitor/commissioner for oaths and that the jurats are properly completed. 
    e. Ensure the copy CA24 is correctly certified including name and signature of the solicitor who has carriage of the application.

6

Lodge affidavit of testamentary capacity (ATC)

  1. Review the case to ascertain if any of the indicators below arise:
    a. The death certificate of testator indicates any one of the following: alzheimers, dementia, cognitive impairment. (note that if death certificate states 'alzheimers 2 years' and the will was made 5 years before death, an ATC may not be required) .
    b. Testator died in a psychiatric institution
    c. Testator died a ward of court
    As a general principle, where such indicators are present, an affidavit of testamentary capacity may be required by the Probate Office.
  2. Read the information note on testamentary capacity.
  3. Ensure the ATC is sworn by the appropriate person as in the doctor attending the testator at the time of the execution of the will.
    If that is not available, an ATC may be accepted from the solicitor who drew up the will (it should include an explanation as to why medical evidence is not forthcoming).


(See Probate Practice in a Nutshell by Mongey, forms 23 & 24 for precedents) 

7

Lodge affidavit of plight and condition (APC)

Review the will before submitting to the Probate Office to ascertain if there are any pin-holes, clip marks and obtain an APC in advance of applying for the grant.

8

Will (codicil(s)) – original not lodged or insufficient number of copies lodged.

  1. Ensure you lodge the original will.
  2. Ensure you lodge 3 A4 sized copies of the will/codicil(s) – 1 copy should be certified.

9

Exhibits to oath: not marked by the commissioner and applicant

Review all exhibits to the oath and ensure they are marked by the applicant and commissioner (as in original will, sealed and certified copy grant, renunciation, power of attorney, original disclaimer and so on).

10

Lodge current valuation

If the applicant is not the executor and there is immoveable property, a current valuation is required for all property. If the property is 1 acre or more or is of a commercial nature, the valuation must be by way of affidavit.

11

Death certificate – not lodged

Ensure you lodge a death certificate with all applications (a coroner’s interim certificate will suffice where a death certificate is not yet available). Where neither is available consult the Probate Officer.

12

Lodge charitable bequest (CB) form

Review the will to ascertain if there are any charitable bequests. If so, complete Form PAS3 and lodge with application.

13

Name and/or address of deceased or applicant differ as between will and oath

Ensure various names and former addresses in will are covered in the oath.

14

Lodge original/copy oath

Ensure you lodge an original oath and 2 copies with your application.

15

Oath: date of death does not match death certificate

Review all papers before submitting to confirm date of death is consistent throughout.

16

Oath: jurat is incomplete

Review jurat before submitting (Note S.I. No. 95 of 2009).

17

Oath: no filing clause

Ensure you complete filing clause on oath (as in name and address of lodging solicitors)

18

Bond not lodged or incorrect bond lodged

Where the executor is not the applicant, ensure you lodge a bond.
Ensure you lodge the correct bond (the most common one is for deaths on or after 1/1/1967. For deaths prior to this date, ensure you use the correct bond). Precedent bonds are available at Court Forms.

19

Bond: penal sum is insufficient

Ensure the penal sum covers double the gross (real and personal) assets figure in the oath (incorporating current market value).

 20.

Bond: different commissioner on oath and bond

Ensure the same commissioner’s signature appears on the oath and bond. Order 79, Rule 29 .

 

 

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Content reviewed: 23 November 2017