Applying for Probate - Step by Step >
When a person dies domiciled outside the Republic of Ireland but leaves property in the Republic, there are some additional requirements to consider when applying for a grant of representation in this jurisdiction.
Where the deceased died leaving:
Both movable and immovable estate in this jurisdiction
- The applicant must show entitlement under Irish law by showing title in the oath, and
- Must show entitlement under the law of the country of domicile by lodging:
- a sealed and certified copy of the grant (and will, if applicable) from the appropriate court in the country of domicile, or
- where no such grant has issued, an affidavit of law from a lawyer practicing, or who has practiced, in that jurisdiction
Movable estate only in this jurisdiction
- The applicant must show entitlement under the law of the country of domicile by lodging:
- a sealed and certified copy of the grant (and will, if applicable,) from the appropriate court in the country of domicile, or,
- Where no grant has issued, an affidavit of law from a lawyer practicing or who has practiced in that jurisdiction.
- If the applicant also has entitlement under Irish law, such title should be shown in the oath and a full grant in respect of both movable and immovable estate can issue.
- If, however, the applicant does not have entitlement under Irish law, a grant limited to the movable estate only can issue (Order 79 Rule 5 (8)(a)).
Immovable estate only in this jurisdiction
- The applicant must show entitlement under Irish law by showing title in the oath.
- If the applicant can also show entitlement under the law of the country of domicile, that is, sealed and certified copy grant (and will, if applicable,) or an affidavit of law, a full grant in respect of both immovable and movable estate can issue.
- If however the applicant does not show entitlement under the law of the country of domicile a grant limited to the immovable estate can issue (Order 79 Rule 5 (8)(b)).
Will in a Foreign Language
Where there is a foreign language will, it is necessary to obtain a probate officer’s order before lodging an application for a grant of representation. See Court Orders
Requirements for an Affidavit of Law
The affidavit should be sworn by an independent lawyer practising or who has practised in the relevant jurisdiction. Their qualification to make the affidavit must be stated.
The following matters should be dealt with:
- The facts of the particular case should be set out.
- The legislation of the relevant jurisdiction governing entitlement to administer the deceased’s estate should be referred to and quoted. The specific provisions should be identified.
- Whether a grant has issued in the country of domicile.
- When the affidavit is required to deal with the validity of a foreign will the legislation of the relevant jurisdiction governing the requirements for the valid execution of a will should be referred to and quoted.
- When the affidavit is required to show entitlement to extract a grant it should state who is/are the person(s) entitled to administer the deceased’s estate under the law of the country of domicile.
- If more than one person is entitled to administer the estate, it should be stated whether they are entitled to administer independently of each other or if all must administer together.