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Administrator ad litem 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 required

Note: Inland revenue affidavit is not required

1. Form S1 (postal application form)

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

2. Fees

See fees section for fee information.

3. Death certificate

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

4. Oath

See Appendix Q, Rules of the Superior Courts.

Where the deceased dies intestate or if it is uncertain whether he/she left a will, or if deceased left a will but the application is proceeding on an administration without the will annexed basis, use (adapted) oath of administrator (Form 5) and where necessary delete references to 'intestate' in said oath. Recite date of the order in the oath together with all limitations to grant made by the court.

Use (adapted) oath of administrator with will (Form 4) where the application is 'with will'. (This type of ad litem application is very rare) .

Exhibit the original will/codicil as appropriate and lodge engrossment. [See No. 3 and No. 5 of executor checklist for additional requirements where there is a will (as in for further information on exhibiting original will and filing engrossment).

Value of estate: enter a nominal amount for 'personal estate' and 'nil' value for real estate.

5. Two copies of the oath
6. 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).

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

Bond cannot be executed before the solicitor or agent of the party who executes it (Order 79, rule 29 Rules of the Superior Court)

7. Justification of surety

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).

8. Court Order 

Attested copy

 
 
 
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Content updated: 20 November 2017