Applications for Ad Litem Grants
Once the Order has been granted by the Probate Judge, the following are the documents required by the Probate Office when lodging the application for an Ad Litem grant:
- Original Attested Copy Order (obtained from the Rules Office of the Probate Office)
- Oath for Administrator (the majority of Ad Litem grants are Grants of Letters of Administration)
- Administration Bond
- Notice of Application with the relevant fee duly stamped on the back of same
- Death Certificate or Coroner’s Certificate if Death Certificate not available
Please Note:
The Oath for Administrator must set out the limitation as per the Court Order
If the Court Order gives liberty to extract Letters of Administration with Will Annexed, then it is an Oath of Administrator with Will Annexed that must be lodged and the Original Will must be exhibited in same.
Corrective Affidavits
Sometimes it is necessary to file a Corrective Affidavit after a grant of representation has issued in an estate due to a material error or omission in the original Revenue form.
Examples of a material error or omission include the following:
- Additional property or assets that were originally unknown to the personal representative
- Property included in the original Revenue form that does not form part of the deceased’s estate
A Corrective Affidavit should only be used where such an error or omission was made in the original affidavit and not as a result of events that occur subsequent to the date of death, such as sales of property.
Given the new procedures that came into being with the Revenue Commissioners in September 2020, the following are the guidelines in relation to the filing of Corrective Affidavits or the equivalent of same.
(1) For dates of death on or after the 1st December 2001 and where the online Statement of Affairs (Probate) Form was completed with the Revenue Commissioners, an Amended Statement of Affairs (Probate) Form must be completed online with the Revenue Commissioners in these instances.
A copy of the Amended Notice of Acknowledgment (Probate) Form can then be forwarded to the Probate Office or relevant District Probate Registry.
(2) For dates of death on or after the 1st December 2001 and where the paper form Inland Revenue Affidavit (CA24) was filed with the application for the grant of representation, then the paper form Corrective Affidavit must be filed in the Probate Office/District Probate Registry.
You will need the following:
- 2 original sworn Corrective Affidavit forms
- 1 copy of the Corrective Affidavit form
- Original Grant of Representation
- Administration Bond (if applicable)
- Letter of Authority from the Revenue Commissioners if the Corrective Affidavit relates to amending the date of death value of property
- Relevant fee
(3) For dates of death prior to 1st December 2001, please refer to www.revenue.ie for the appropriate Corrective Affidavit forms.
In these circumstances, you should lodge the following in the Probate Office/District Probate Registry:
- Original Corrective Affidavit Form together with copy
- Original Grant of Representation
- Administration Bond (if applicable) Letter of Authority from the Revenue Commissioners if the Corrective Affidavit relates to amending the date of death value of property
- Relevant fee
Trust Corporations
Please click here for a list of Trust Corporations Accepted by The President of The High Court