The Probate List typically hears applications to prove a will in terms of a copy, to admit Wills to proof where there is a doubt as to due execution, to set aside Caveats, and to appoint full administrators and administrators ad litem under S 27(4) of the Succession Act, 1965. This is a non-exhaustive list. It is ultimately for you to determine that you are applying to the correct court.
 

  • These applications are heard by the Probate Judge sitting in open court on Mondays during court sittings. Please note the Probate List is currently being held remotely.
  • The papers are read in advance by the Judge and therefore papers (including replying and supplementary affidavits) should be lodged at the earliest possible convenience (by close of business on the Wednesday preceding the hearing date) Papers filed later than the Wednesday may not be received by and read by the Probate Judge in advance of the Monday listing so you run the risk of the matter being adjourned to a later date.
  • To apply to the Court:
    • Lodge a Notice of Motion, Affidavit(s), any original Exhibits, and booklet of pleadings in the Probate Rules Office, along with copies for service and for your own records as appropriate. Please ensure to include a contact email address on the Notice of Motion as the majority of correspondence from the Probate Office will be via email.
    • The Booklet of Pleadings should include copies of the Notice of Motion, Affidavit(s), any Exhibits, and should be bound, paginated and indexed.
    • Papers may be lodged personally (including by agent) or by post.
    • There is a fee of €100.00. Fees must be paid in stamped court fees, or by debit or credit card if lodged in person.
  • You will be given a return date. If there is a statutory limitation period in issue (i.e. for an ad litem application) you should bring this to the attention of the office. Where a solicitor is to be served, two clear days must be allowed for service. Where a non-solicitor is to be served, four clear days must be allowed.
  • The Rules Office does not issue record numbers. The list for each week is published on the Legal Diary the Friday before the return date, and may be located by searching “Probate List” in the keyword search
  • Orders are forwarded to the lodging solicitor from the Probate Rules Office. The Orders are normally perfected within 48 hours after the hearing.