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Limited grants

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Probate officer orders

In certain circumstances it is not appropriate to issue a full grant.

Section 26(1) of the Succession Act 1965 gives the High Court power to limit a grant in any way it thinks fit. Order 79 of the Rules of the Superior Courts also makes provision for special grants to issue in certain circumstances, which by their nature must be limited.

Set out below are the most common circumstances in which a limited grant will issue:

Attorney grant

This type of grant will state on its face that it is limited for the use and benefit of the named donor of the power of attorney (i.e. the person entitled who has completed the power of attorney form) and until that person applies for a full grant.

See the powers of attorney section for further information.

Committee grant

This type of grant will state on its face that it is limited for the use and benefit of the named individual (who is entitled to extract the grant but who is incapacitated) and that it is limited during the incapacity of that individual.

Where the incapacitated person is not a ward of court, a probate officer’s order may be obtained to appoint a committee.

Where the incapacitated person is a ward of court, the committee in the wardship matter may apply without a probate officer’s order. However, the Probate Office will require proof that the Registrar of the Wards of Court is on notice that the committee intends applying for the grant. The Probate Office will accept the following items as proof:

  1. attested copy wards of court order giving the named committee liberty to extract the grant in a particular estate
  2. letter from the Wards of Court Office consenting to the application for a grant in the particular estate.

Guardian grant

This type of grant will state on its face that it is limited for the use and benefit of the named minor and limited until he reaches 18 or, having attained such age, until the said minor has applied for a full grant.

Generally a probate officer’s order is required before applying for this type of grant. See the guardian grant information in the probate officer’s orders section for more information.

A probate officer’s order is not required if -

  1. a testamentary guardian has been appointed by will
  2. a guardian has been appointed by the President of the High Court
  3. a guardian has been appointed under the Guardianship of Infants Act 1964.

Grant where original will is lost

This type of grant will state on its face that it is limited until the original will or a more authentic copy thereof be brought in and lodged in the Probate Office.

Before proceeding with an application to prove a will in terms of a copy, a probate officer's order or a court order is required.

Grant limited to the immoveable estate

This type of grant will state on its face that it is limited to the immoveable estate of the deceased.

It is a ppropriate in circumstances where the deceased was domiciled outside the jurisdiction at the date of death and where there is only immoveable estate in this jurisdiction and where the applicant is only in a position to show title under Irish law.

A probate officer’s order is required to limit the grant to the immoveable estate.

See the foreign domicile  section for further information.

Grant limited to the moveable estate

This type of grant will state on its face that it is limited to the moveable estate of the deceased.

It is appropriate in circumstances where the deceased was domiciled outside the jurisdiction at the date of death and where there is only moveable estate in this jurisdiction and where the applicant is only in a position to show title under the law of domicile.

A probate officer’s order is required to limit the grant to the moveable estate.

See the foreign domicile section for further information.

Administrator ad litem grant

This type of grant will state on its face that it is limited for the purpose of defending named proceedings and may also recite further limitations depending on what is contained in the court order.

It is appropriate in circumstances where a proposed plaintiff wishes to issue proceedings against the estate of a deceased person and a grant has not been taken out in that estate.

Before proceeding with an application for an administrator ad litem grant, a court order is required.

Grant ad colligenda bona

This type of grant will state on its face that it is limited for the purpose of collecting and preserving but not distributing the estate of the deceased.

Before proceeding with an application for a grant ad colligenda bona, a court order is required.

Grant for a specific purpose

This type of grant will state on its face that it is limited for a specific purpose. A court order is required before proceeding with an application for this type of grant.

 

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Content reviewed: May 2017