Affidavit of Law- Irish Estate

Trusts Discussion
1

I have been asked by a colleague whether I can prepare an Affidavit of Law to be used in Ireland (Republic).
The deceased died intestate in England (domiciled here too) but he had property in Ireland for which a Grant is required there.
Everything in the English estate passed to his spouse by survivorship and so no Grant was taken out here.
I have obtained Affidavits of Law myself in the past where the deceased has died domiciled abroad but I have never had to prepare one. Does anyone have a precedent they can point me to?
Thank you

2

I prepare Affidavits of English Law regularly for solicitors in the Republic of Ireland in circumstances similar to those outlined by you below, ie where the deceased died intestate domiciled in England and Wales and where there was no need for a Grant in England and Wales. (If there was a Grant in England and Wales, then a sealed and certified copy of that Grant would provide the title to apply for the Grant in the Republic of Ireland.)

What the Irish Probate Office needs to know from the affidavit is who would be entitled to apply for a Grant in England and Wales, the country of the domicile. You will also need to state your qualification to provide the affidavit.

The Irish Probate Office provides quite detailed notes about what an Affidavit of foreign law should contain, so you should ask the solicitor in Ireland to send you this.

Cliona O’Tuama

Solicitor

3

Thank you Cliona, that is most helpful. I have found the relevant section of the Irish Probate Office website. Will I need to swear the affidavit before another solicitor here?

4

Yes, as it is an Affidavit, it will have to be sworn before another solicitor.

In summer 2020 I had to prepare an Affidavit of English Law for a solicitor in Ireland. As I was reluctant to meet another solicitor for the “swearing”, I asked the Irish colleague if the Irish Probate Office would accept a Statement of Truth due to the pandemic. The Probate Office said that they needed an Affidavit, so that would be even more so the case now. Fortunately, I have a neighbour who is a solicitor, so I was able to have a socially distanced swear before him.

Cliona O’Tuama

Solicitor