This checklist is for solicitors applying for a grant of administration with will annexed.
This grant is issued when a person dies leaving a will, but either no executor is appointed in the will or the appointed person cannot or will not act as executor. The person entitled to apply for the grant in this case is usually determined by the terms of the will.
When this grant is needed
This type of grant is necessary under the following circumstances:
- The appointed executor renounces their role.
- The executor(s) have passed away without proving the will.
- No executor is named in the will.
- The appointment of the executor is void.
- The appointed executor refuses to apply for a grant of probate and does not renounce.
- The executor resides abroad and is unable to apply in person.
- The executor is a minor or lacks capacity to make their own decisions and therefore cannot administer the will.
Documents needed for a Grant of Administration with Will Annexed
Use this checklist to ensure you have all the necessary documents for a will annexed application.
Before you draft the oath: check the title wording for will annexed applications (including clearing off all executors). Go to titles for will annexed applications.
Titles for will annexed applications
The oath must specify the entitlement that the person who is applying has to make the application.
- It is crucial to ensure that the title is specified correctly, that names are accurate and consistent across all paperwork, and that they match those in the will.
- If a title is incorrect or incomplete or the names specified are inconsistent with other documents, your application will not proceed.
- The title in the oath for will annexed applications must clear off all executors. If all executors have not been cleared off we will not be able to process your application for a grant of administration with will annexed. In many cases, you may need to make an application for a grant of probate with an executor as the applicant.
The person entitled to apply for a grant of administration with will annexed once all executors have been cleared off is the residuary legatee(s) and devise(s) or the universal legatee and devisee.
Below are some examples of valid titles for common scenarios. You can combine these to meet the needs of your particular scenario. For example, if more than one executor is named in the will, each should be addressed stating the specific reason that they have been cleared off.
Tip: Where more than one executor is named in the will, each executor must be addressed in the title and the reason they are cleared off should be stated.
Examples of title for a single applicant
- “Did not therein name any executor and I am the residuary legatee and devisee named in the said will.”
- “Did therein name as executor X who has duly renounced his/her rights under deed of renunciation dated the … day of … and marked by me prior to the swearing hereof and I am the residuary legatee and devisee named in the said will.”
- “Did therein name as executor X who has predeceased the deceased and I am the residuary legatee and devisee named in the said will.”
- “Did therein name as executor X who has survived the deceased and since died and I am the residuary legatee and devisee named in the said will.”
- “Did therein name as Executor and Residuary Legatee and Devisee AB who survived the deceased and has since died without proving said Will and I am the legal personal representative of the said AB pursuant to a Grant of Probate/Grant of Letters of Administration dated the … day of ….”
Examples of title for multiple applicants
- “Did not therein name any executor and we are the residuary legatees and devisees named in the said will.”
- “Did therein name as executor X who has duly renounced his/her rights under deed of renunciation dated the … day of … and marked by me prior to the swearing hereof and we are the residuary legatees and devisees named in the said will.”
- “Did therein name as executor X who has predeceased the deceased and we are the residuary legatees and devisees named in the said will.”
- “Did therein name as executor X who has survived the deceased and since died and we are the residuary legatees and devisees named in the said will.”
- “Died testate and I am the person appointed pursuant to Section 27(4) of the Succession Act 1965 pursuant to Order of the High Court dated X.”
Documents required for all applications
- Notice of Application for Solicitors - Will Annexed
- Oath/Bond Form (original only – no copies are required).
- Oath of Administrator with Will Annexed including bond for single applicant or
- Oath of Administrator with Will Annexed for more than one applicant - Original will and codicil (if applicable)
- One engrossment of the will
- Death certificate: the original, or a certified copy, or an interim death certificate from a Coroner (if the death certificate has not yet been issued). Uncertified copies are not accepted.
- Notice of Acknowledgement (Probate) from Revenue.ie for deaths on or after 5 December 2001
- Revenue Affidavit (CA24) from Revenue.ie for deaths before 5 December 2001
- Probate fee
Documents required in certain circumstances
- Statement of current market value: required if the date of death is over 2 years ago. The oath must also specify the current market value in this case.
- Administration Bond:
If date of death is before 1967, please ensure you lodge the correct form of bond:
- Bond for deaths before 01/06/1959 or
- Bond for deaths between 01/06/1959 & 31/12/1966 - Affidavit of Testamentary Capacity from a doctor: if the will was made within 10 years of the date of death and the death certificate indicates cognitive impairment, Alzheimer’s, or dementia as a cause of death. If the will was made in a solicitor’s office, we will only require the affidavit if the will was made within 5 years of the date of death and the death certificate indicates cognitive impairment, Alzheimer’s, or dementia as a cause of death.
- Affidavit of Attesting Witness: if the will lacks a valid attestation clause.
- Affidavit of Plight and Condition: if the will is torn or shows signs that another document may have been attached to it.
- Renunciation form: for renunciation of administration for will annexed.
- Charitable Bequest Form: if the will contains a charitable bequest, you must complete the Charitable Bequest Form.
- Court/Probate Officer’s Order: certain specialised applications will require a Court/Probate Officer’s Order. See Order 79 of the Court Rules. If a Court/Probate Officer’s order has been made it must be referred to in the oath.
