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.
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.
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
- Original Death Certificate or an interim Death Certificate from a Coroner (if the death certificate has not yet been issued). Only certified copies will be accepted; uncertified copies are not permissible.
- Notice of Acknowledgement (Probate) from Revenue.ie for deaths on or after December 5, 2001
- Revenue Affidavit (CA24) from Revenue.ie for deaths before December 5, 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 to 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 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 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 types of 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.
