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Administration with will annexed checklist - solicitor application

  • Review your application thoroughly before submitting it.
  • Check rejected applications: common reasons to ensure your application will not be rejected.
  • Use the checklist below to make sure you have all documents
  • Sort your papers into the order in which they appear in the list below (whether you are lodging papers by post or at the counter).

Documents to be lodged:

1. Form S1 (postal application form)

Completed Form S1 must be lodged with all applications submitted by post.

2. Fees

See the fees section for fee information.

3. Original will & codicil (if applicable) plus two copies

To be marked by applicant and commissioner before whom oath was sworn.

Where will/codicil was already proved in another jurisdiction, copy of the will/codicil sealed and certified by the court where it was proved to be marked. A sealed and certified copy of the grant which issued in that jurisdiction should also be lodged (Order 79 rule 37).

4. Death certificate

A coroner’s interim death certificate will be accepted where the final death cert is not yet issued.

5. Engrossment of will/codicil

Photocopy of will/codicil or typed engrossment certified by solicitor to be a true copy. See Chapter 3 Mongey for further information.

6. Oath for administrator with will annexed (Form 4 Appendix Q Rules of Superior Courts)

Heading to include type of oath, name of deceased and all variations of same, last address of deceased, occupation of deceased and applicant, full filing clause.

Insert title in oath and clear off all persons having a prior entitlement [see Order 79, rule 5 Rules of the Superior Court and specimen titles set out in Appendix 16 Probate Practice in a Nutshell by Eamonn G. Mongey].

Estate to be split into real and personal estate. Leasehold property is to be shown as personal estate and if no freehold property it must be stated 'There is no real estate'.

Current value of immovable property as per valuation to be inserted.

7. Copy oath  (x 2)
8. Renunciation of executor (if applicable)

To be exhibited and marked by applicant and commissioner before whom oath was sworn. See Rules of the Superior Court, Appendix Q, Form 18 for renunciation form.

9. Power of attorney (if applicable)

To be exhibited in oath and marked by applicant and commissioner before whom oath was sworn
See precedent in Appendix 12 Probate Practice in a Nutshell by Eamonn G. Mongey.

10. Evidence of current market value of property

A certificate of valuation (giving the current market value) from an auctioneer will suffice where the property is a dwelling house on less than 1 acre.

An affidavit of current market value is required if the property is not used as a dwelling house or is over 1 acre in size.

See Appendix 8 Probate Practice in a Nutshell by Eamonn G. Mongey.

11. Bond

Order 79, Rule 29 Rules of the Superior Court.  
Use appropriate form of bond as per date of death suitably adapted to singular form if appropriate.

Forms are available here. There are 3 forms: one for deaths on or after 1/1/1967,one for deaths between 1/6/59 to 31/12/66 and one for deaths prior to 1/6/59.

Insert penal sum to cover double the gross assets (including double the current value of immovable property).

Strike out the penultimate paragraph as there is a will. (NB precedent wording must not be removed from bond) .

Applicant should execute bond before the same commissioner before whom oath was sworn (O.79 rule 29 Rules of the Superior Court).

Bond cannot be executed before the solicitor or agent of the party who executes it (O. 79 rule 29 Rules of the Superior Courts).

12. Justification of surety (if required)

Form No. 16 Appendix Q of Rules. Required if an individual acts as a surety to bond (sureties are no longer required unless the Probate Officer directs. However, if there is a surety to the bond, a justification of surety is required).

Person who swears affidavit of market value cannot act as surety. No practising solicitor or clerk or apprentice solicitor can act as surety without leave of the court or Probate Officer Order 79, Rule 73).

13. Inland revenue affidavit

Copies of vouching documents should not be included except where any question is answered by stating 'see attached'. A copy of 'attached' document should be lodged.

a. For deaths on or after 5/12/2001

Use Form CA24. Read Guide to completing an Inland Revenue Affidavit before completing the CA24.

Lodge one original sworn copy and one certified copy of the CA24.

The certification should state that the copy is a true copy of the original CA24 being presented and must include the name and signature of the solicitor who has carriage of the application.

b. For deaths before 5/12/2001

Check www.revenue.ie for the relevant forms. These forms must be lodged with Revenue first and a Certificate for the High Court must be obtained.

14. Schedule of lands (CA6 or Part 6 of CA24 depending on version)

Required for deaths before 5/12/2001 if there is property in the estate. Date of death value and tenure must be inserted.

15. Affidavit of attesting witness (if required)

See the affidavit of attesting witness section for guidelines on when these affidavits are required.

16. Affidavit of plight and condition (if required)

Required where pin holes/paper clip marks, and torn edges etc. The affidavit should be sworn by the person responsible for the mark/tear etc. See Chapter 3 & Appendix 1 (e) of Probate Practice in a Nutshell by Eamonn G. Mongey.

17. Affidavit of testamentary capacity

Required where deceased was a ward of court died in a mental institution or suffered from a mental illness. To be sworn by doctor attending testator at time of execution of will. If the deceased was not attending a doctor at that time or the doctor is deceased the affidavit can be sworn by the solicitor who prepared the will. If the solicitor makes such an affidavit reference should be made to the reason why the doctor is not making same. See the testamentary capacity section for further information.

18. Charitable Bequest Form (Form PAS3)

Required where there are charitable bequests in the will relating to Irish charities. Money bequeathed for Masses should be inserted. Exact wording as per will must be inserted.

19. Court orders (if applicable)

Attested copies required.

 
 
 
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Updated: 23 November 2017