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Probate Affidavit for Ireland

Probate Affidavit Template for Ireland

A Probate Affidavit is a formal sworn statement required under Irish law as part of the probate process. This document, governed by the Succession Act 1965 and related Irish legislation, provides detailed information about a deceased person's estate, including assets, liabilities, beneficiaries, and other relevant details. It serves as a crucial legal document that enables the Probate Office to verify the facts of the estate and process the application for a Grant of Probate or Letters of Administration. The affidavit must comply with Irish probate rules and be sworn before a Commissioner for Oaths or practicing solicitor.

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Probate Affidavit

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What is a Probate Affidavit?

The Probate Affidavit is a fundamental document in Irish estate administration, required when applying for a Grant of Probate or Letters of Administration. This sworn statement provides comprehensive information about the deceased person's estate, their assets and liabilities, and details about beneficiaries and next of kin. The document is mandatory under Irish probate law and must be prepared in accordance with the Succession Act 1965 and the Rules of the Superior Courts (Probate). The Probate Affidavit serves as the primary source of information for the Probate Office to verify the facts of the estate and ensure proper distribution of assets. It must be sworn before an authorized person and includes supporting schedules and documentation to substantiate the information provided.

What sections should be included in a Probate Affidavit?

1. Title and Opening Statement: Identifies the document as an affidavit and states the deponent's name, address, and occupation

2. Deceased Person's Details: Full name, last address, occupation, date of death, and marital status of the deceased

3. Deponent's Relationship: Explains the relationship between the deponent and the deceased, and the basis for making the application

4. Will Details: Confirms whether the deceased died testate or intestate, and if testate, details of the will and codicils

5. Estate Details: Comprehensive list of assets and liabilities of the deceased at the time of death

6. Next of Kin: Details of all persons entitled to share in the estate under the will or intestacy rules

7. Notice Requirements: Confirmation that all required notices have been given to relevant parties

8. Tax Matters: Declaration regarding tax compliance and details of any tax issues

9. Verification Statement: Final sworn statement confirming the truth of the contents

What sections are optional to include in a Probate Affidavit?

1. Foreign Assets: Details of any assets located outside Ireland, used when the deceased owned foreign property or investments

2. Business Interests: Information about any business ownership or partnerships, included when the deceased had business interests

3. Prior Grant Applications: Information about any previous applications for grant of probate, included if relevant

4. Contested Will Details: Information about any challenges to the will, included if there are disputes

5. Power of Attorney: Details of any power of attorney arrangements, included if relevant

6. Minor Beneficiaries: Special provisions regarding beneficiaries under 18, included if there are minor beneficiaries

7. Trust Arrangements: Details of any trusts created by the will or affecting the estate, included if trusts exist

What schedules should be included in a Probate Affidavit?

1. Schedule A - Assets: Detailed inventory of all assets including bank accounts, properties, investments, and personal effects

2. Schedule B - Liabilities: List of all debts, mortgages, and other liabilities of the estate

3. Schedule C - Documents: List of all supporting documents including death certificate, will, tax clearance certificates

4. Schedule D - Notices: Copies of all notices given to beneficiaries and other relevant parties

5. Appendix 1 - Death Certificate: Certified copy of the death certificate

6. Appendix 2 - Will: True copy of the last will and testament (if applicable)

7. Appendix 3 - Tax Forms: Copies of relevant tax forms and clearance certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Ireland

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions






























Clauses




















Relevant Industries

Legal Services

Financial Services

Estate Management

Wealth Management

Tax Advisory

Notary Services

Banking

Insurance

Property Management

Professional Services

Relevant Teams

Legal

Estate Administration

Private Client

Wealth Management

Tax Advisory

Probate

Trust Administration

Corporate Services

Client Relations

Document Management

Relevant Roles

Solicitor

Estate Administrator

Legal Executive

Probate Officer

Tax Advisor

Trust Officer

Wealth Manager

Legal Counsel

Private Client Advisor

Commissioner for Oaths

Estate Planning Specialist

Probate Paralegal

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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