Person has died who was domiciled in Eire. The deceased has a property in the UK and would need probate in England and Wales. Probate is required in Eire and as such the will will be required for that purpose. Can anyone advise me as to the type of Oath that is required in England and Wales.
Collette Hodkinson
CPH Solicitors
I haven’t done one of thse myself but T&C ‘Forms for use in Non-Contentious Probate Matters’ has I think what you are looking for: 171 - 'Oath for administration (will) where deceased died domiciled out of England and Wales…
John Cartlidge
Campion Solicitors
The Oath that will be required in England and Wales will be similar to the usual Oath. You said below that the Grant of Probate is being applied for in Ireland first and that the original Will will be used on that application. For the exhibit you will need a sealed and certified copy of the Will and Irish Grant, issued by the Irish Probate Office or local Probate Registry, and the Irish solicitor should request this when he/she applies for the Irish Grant.
The only difference in the wording in the Oath will be that, instead of referring to the original Will, you should say “……the paper writing now marked by me/us to contain a sealed and certified copy of the true and original last will and testament….” Of course you should also state that the deceased died domiciled in the Republic of Ireland in the relevant place in the Oath.
Cliona O’Tuama
Solicitor
Following on from my previous posting on this thread, when the Grant in Ireland is a Grant of Probate, the Grant in England and Wales is also a Grant of Probate, not a Grant of administration (will) as referred to by John below. As I said in my previous posting, the Oath to be used is the usual Oath.
While application for Grants in England and Wales are less straightforward when the deceased died domiciled further afield, an application in an Irish-domiciled estate is very straightforward. I apply for English Grants in the estates of deceased Irish-domiciled individuals very often and am very familiar with the process.
Cliona O’Tuama
Solicitor
Thanks Cliona,
Most helpful.
My post was a pointer to the T&C form only - as ever revised to suit as in this case for Grant of Probate with the sealed copy of the Irish Grant & Will as exhbits.
John Cartlidge
Campion Solicitors