Application for Representation An application for a grant of probate is made to either the central Probate Office or one of the district Probate Offices throughout the country. The Probate Office has the authority to issue grants of probate throughout Ireland. The Probate Offices are part of the High Court. In the vast majority of cases, the Will is proved […]
Types of Grant The vast majority of grants of representation, whether by way of grant of probate, letters of administration or letters of administration with the will annexed are issued from the Probate Office. They issue in the name of the High Court, even though a court order or judgment is not usually required. See the separate section on contentious […]
Letters of Administration Letters of administration empower the appointed person to administer the estate of a person who has died without a valid or applicable will. For most purposes, the procedure and process are similar to that in the case of a will and grant of probate. The Succession Act defines the entitlements of the beneficiaries. The entitlement to letters […]
Administration with Will Annexed Where the will appoints no executor or an executor was appointed but has died, ceases to act or lacks mental capacity, is under a disability has left this country, has renounced or is not present, an application may be made for letters of administration with the will annexed. The terms of appointment of the executor may […]
Probate Officer The Probate Officer is a Court Officer who exercises quasi-judicial functions in relation to probate matters. In some more complex cases, orders of the Probate Officer are required. The Probate Officer may issue a grant in various atypical cases where a court order is not required. Some common cases are set out in other chapters and below. There […]
Contentious Matters In the vast majority of cases, the taking out of a grant of probate or letters of administration and the administration of the estate will not be contentious. There will not be different parties who are claiming contrary positions. However, disputes may arise in relation to the validity of the wills. They may arise in relation to it […]