CHAPTER 12 SECOND AND SUBSEQUENT GRANTS 12.

1 BACKGROUND AND INTRODUCTION TO DE BONIS NON GRANTS Function- where a Per Rep has extracted a primary grant of representation and dies prior to fully completing the admin, a further grant will be required to complete the administration of the deceaseds estate. Who can act- where there is another executor available who had reserved his rights when the original grant was extracted- this executor can take out a Grant of Unadmin Probate. Second grants are called De Bonis Non Grants or DBN grants. Document lodge- almost the same as for a Primary Grant. 12.1.3. Probate Fees The fee for applying for a de bonis non grant is currently 110.00- regardless of the amount or value of the estate. 12.2. HOW TO DETERMINE WHAT TYPE OFDE BONIS NON GRANT IS NEEDED Depends on whether the deceased died testate or intestate 1) Testate-the original grant extracted by the Per Rep to his estate was either a grant of probate or grant of letters of admin with will annexed. Grant of letters of admin with will annexed is appropriate here for 2nd grant 2) Intestate- Grant of letters of admin intestate- Grant of letters of admin intestate DBN.

12.2.1. Who is entitled to apply for the DBN grant? The grant follows the interest and the interest is determined at the date of death. If extracting a grant of letters of admin with will annexed DBN and the acting executor has died and all other executors have died or renounced, the grant will be given to the person next entitled in order of priority under Order 79 Rule 5(6) at date of death. 12.2.2. Where to apply for a DBN grant? S37 SA- shall be made in the Probate Office or District Probate Registry from where the primary grant issued. Or 79 R 3- applications to the Probate Office for grants must be made personally or through town agents. 12.3 Documents/proofs required to extract a de bonis non grant in either case DBN deals only with the unadministered estate. 1) Original grant 2) Inland Revenue Form A3 3) Old version of Form A3C & Form CA6 4) Form A3(E ) Estate Duty and Form D1 12.3.1. Original or Primary Grant Primary Grant must be surrendered to the Probate Office 1

If lost it must be bespoken from the Probate Office- a certified copy costs 15 If the original primary grant is not available, when lodging the papers to lead to the DBN grant, the Probate Office will request a letter from you explaining the circs re its loss and will seek undertaking to surrender it if found.

12.3.2. Inland Revenue Affidavit Form A3 Is completed by proposed administrator in duplicate in all DBN cases. Purpose- provide the Revenue with sufficient info to determine the possible tax liability . 3 versions of form A3- depending on date of death 1) Current version of form A3(C) - when the deceased died on or after 1 April 1975 - Requires details of unadministered assets and liabilities of the estate - Relevant value is the current market value 2) Old version of Form A3(c) and Form CA6- where decd died on or after 1 April 1975 and prior to 5th Dec 2001. - Lodged in duplicate with Probate Office - When there is unadministered immoveable prop in the State a Form CA6 is required. 3) Form A3(e) Estate Duty and Form D1- where the Decd died prior to 1 April 1975 - Where there is unadministered immoveable property a form D1 which is a separate schedule of land and buildings remaining unadministered in the State. - Current market value is sought. 12.4 Proofs required for Grant of Letters of Admin with Will- annexed De Bonis Non 1) Ordinary primary grant of probate/admin with will annexed 2) Form AC(3) or (E) depending on date of death of original disponer 3) Oath for administrator with will annexed de bonis non with - copy oath for admininstrator with will annexed de bonis non 4) - administration bond for deaths on or after 1 Jan 1967 - admin with will annexed bond for deaths prior to 1 June 1959 and I January 1967 - admin with will annexed bond for deaths prior to 1 June 1959 5) Affidavit of current market value of land or solicitors certificate of current market value of land. 6) Probate engrossment or certified copy will. 7) Charitable bequest form 8) Probate Office fees 110 12.4.1. Oath for administrator with will annexed DBN The applicant must establish his legal entitlement to extract the grant in the oath. a) Heading of the form must read Oath for admin with the Will annexed DBN b) Exhibit the original grant of probate c) Indicate the title of the administrator in the oath d) Word unadministered must be inserted before the word estate e) The issue of the primary grant and the reason why and date when it terminated must be recited in the oath f) Must state if there is no real or personal unadministered estate g) Include filing clause in the Oath. 2

12.4.1.1 Sample titles will annexed de bonis non page 376 ***************see book. 12.4.2 Probate Engrossment or certified copy will Certified copy will is required for insertion in DBN grant. Must be certified by Solr applying for the grant. 12.4.3 Affidavit of Market Value Where the deced died possessed of land an Affidavit of Current Market Value from an auctioneer or farmer is required where there is immoveable property such as a house. 12.5 Administrator Bond De Bonis Non S34 SA- Every person to whom a grant of letters of admin is made shall give a bond to the President of the High Court to ensure for the benefit that the estate will be properly admin Bond-shall be a penalty of double the current gross assets in the estate. This valuation is less than 6 months. Purpose- bond is security for the beneficiaries or creditors in the event of an estate not being administered properly.

12.5.1 Administration with will annexed bond de bonis non for deaths pre 1 June 1959 This bond deals with all the estate, both real and personal. 12.5.2. Admin with will annexed bond de bonis non deaths between 1 June 1959 and 31 Dec 1966 This bond deals with all the estate both real and personal. 12.5.3. Admin Bond De Bonis Non for deaths post 1 Jan 1967 Matters for consideration 1) Heading of the bond form must be amended by adding the words De Bonis Non 2) The title of the applicant is taken from the oath, but not necessary to clear off persons having prior entitlement to the grant in the bond. 3) Ensure penal figure is at least twice the value of the gross assets 4) Word unadministered must be inserted before estate 5) The name address and occupation of the applicant must be indicated in full on the face of the bond. 6) Independent surety will be required to sign independent surety form.

12.7 Proofs required for a grant of letters of admin intestate de bonis non Where the administrator dies during the course of the admin of an intestate estate, a grant of letters of admin intestate de bonis non will be required to complete admin. Papers1) Original primary grant of admin intestate or sealed and certified copy of the primary grant of admin intestate 2) Form A3 3

3) 4) 5) 6)

Oath for admin intestate de bonis non Admin bonds Affidavit of current market value Probate Office fees

12.7.1. Sample Titles Admin Intestate de Bonis Non **************samples pg 379 OUP***************** 12.8 When is a de bonis non grant not required? S61(7) Registration of Title Act 1964- allows an applicant who claims entitlement under a proven will or a registered owner but without the assent of the executor who has since died, to apply to Court for an Order dispensing with further representation to the estate of a deceased registered owner and for an Order directing the Registrar to register the applicant without a de bonis non grant to the registered owner. Application- made to the Court by notice of motion and supporting affidavit

12.10 Other Second or Subsequent Grants 12.10.1. Unadministered Probate Where an executor extracts a grant of probate reserving the rights of another executor and subsequently dies, a grant of unadmin probate will be given to the executor whose rights were reserved. 12.10.2. Double Probate Where an executor extracts a grant of probate, reserving the grant of another executor, such other executor may extract a grant while the first executor is still alive. 12.10.3. Supplemental Probate If will has been proved by an executor and subsequently a codicil is discovered-a supplemental grant of probate will issue to the acting executor.

Chapter 13 Non Contentious Applications 13.1. Practice and Procedure of Non- Contentious Matters Certain applications have to be made to the Probate Officer before an application for a grant can be lodged.

13.1.2 Powers of the Probate Officer The Probate Officers powers derive from the Court of Probate Ireland Act 1859 and Court Officers Act Powers- Prove and condemn wills - Issue grants of probate and administration - Issue citations and subpoenas - To make orders and rulings under Order 79 of Rules of Superior Courts 13.1.1.3 Orders of the Probate Officer pursuant to 079 pf the Rules of Superior Courts 1986 13.1.4 Requirements of probate office in respect of applications under O79 of rules of the superior courts 13.1.4.1. Natural Child- Order 79 R(5) (1)(c) Order 79 R5(1)(c)- In determining to whom letters of admin of the estate of a person who died on or after the 1st Jan 1967 wholly intestate and domiciled in Ireland shall be granted, the persons having a beneficial interest in the estate of the deceased shall be entitled to a grant of admin in the following order of priority namely.. (c)- the child or children of the deceased including any person entitled by virtue of the Status of Children Act 1987 to succeed to the estate of the deceased. (Section 3 Status of Children Act 1987 equalised the rights under law of all children whether born in or outside marraige Effect- in respect of deaths from 14 June 1988 a marital child has an equal entitlement to a marital child when applying for a grant of admin. Application- natural child must establish that he is the child of the deceased. Prove this by producing long form of birth certificate as this sets out the names of both parents. Where the names of both parents are not detailed therein, a declaration of parentage may be obtained through the Circuit Court. Pre 14 June 1988- An order of the Probate Officer is required before a natural child can proceed with an application for administration. Application is made pursuant to S9(1) & (2) of Legitimacy Act 1931. 13.1.4.2 Rival Applicants- Order 79 R5(3) Order 79 R5(3)- where there are conflicting claims for a grant among the members of class entitled to administration, the grant shall be made to such of the claimants as the Probate Officer shall select having given not less than 21 days notice to the rival claimaints or on objection made in writing within the said period, to such person as the Court shall select. Practice- solicitor applies for grant of admin on behalf of one of the siblings 5

a) b)

Probate Office notifies the solr that a rival application exists Solr then files an affidavit in the Probate Office setting out: His clients entitlement to the grant The details of the rival application which should include (i) Name and address of rival (ii) Relationship to deceased (iii) Date of application (iv) Details of solr acting on his behalf 21 day notice- A request is made in affidavit to the Probate Officer to issue the statutory 21 day notice to the rival applicant. - Notice is prepared in the Probate Office and the Solicitor who requested it arranges to have the notice served on the rival applicant. - If the rival applicant doesnt lodge objection in the Probate Office within the 21 days, an affidavit of service is lodged in the Probate Office indicating that the statutory notice was served on the rival applicant and that twenty one days have now elapsed and that an Order of the Probate Office is now sought. ***************************Sample 21 DAY notice pg 396 ***************************Sample Grounding Affidavit pg 396

13.1.4.3. Residue not in terms wholly disposed of Order 79 R5(6) (e ) Where residue is not in terms wholly disposed of, the Probate Officer may, if he is of opinion that the testator has nevertheless disposed of the whole or substantially the whole of the estate as ascertained at the time of application for the grant allow a grant, to be made to any legatee or devisee entitled to or a share in ,the estate so disposed of without regard to the entitled to share in any residue not disposed of When a testator makes a will and makes no disposition of the residue, the general rule is that the next of kin are the persons legally entitled to extract the admin with will annexed. This may be applied where there is no residue to be disposed of but legatee can apply for a grant of admin with will annexed. Oath of Admin with will annexed1) There is no residuary legatee or devisee named in the will 2) That the testator had nonetheless disposed of all his estate 3) That the applicant is either a legatee or devisee named in the will On being satisfied of these facts, Probate Officer makes an order granting legatee liberty to proceed with the application. 13.1.4.4. Grants in situations of foreign domicile- Order 79 r5(8) Where the decd died on or after 1st day of Jan 1967, domiciled outside Ireland (a) A grant of admin intestate or with will annexed of the moveable estate may be made by the Probate Officer as follows namely (i) To the person entrusted with the administration of the moveable estate by the Court having jurisdiction at the place where the deceased died domiciled or (ii) To the person entitled to administer the movable estate by the law of the place where the deceased died domiciled. 6

(b) A grant of admin intestate or with will annexed of the immoveable estate may be made by the Probate Officer in accordance with the law which would have been applicable if the decd had died domiciled in Ireland. Moveable estate- admin in accordance with the law of domicile Immoveable estate- admin in accordance with law where it is situate If a person applies to the Probate Office for a grant in the Irish estate of a deceased with foreign domicile, the Probate Officer will issue a full grant in re both immoveable and moveable assets of the deceased, provided that she is satisfied that the person applying is the person entitled under the law of domicile and the person entitled under Irish law. When a person with a foreign domicile dies leaving estate in Ireland which comprises moveable estate only the law of his domicile will apply in determining who should extract the grant of admin in Ireland.

13.1.4.5 Will in foreign language- Order 79 r5(10) Where a will is in any language other than the Irish or English language the Probate Officer may admit it to proof in terms of translation in Irish or English language. S102 SA 1965- when proving foreign wills the Probate Officer must have regard to S102 which requires that the will is valid under any one of alternative systems of law such as 1) Place where testator made will 2) Testators nationality at birth and death 3) Testators domicile at death and at time of making will 4) Testators habitual residence when he made the will and at death. Proofs required by the Probate Office when applying to have will proved in terms of a translation 1) Grounding Affidavit from applicant setting out facts of estate 2) Affidavit of law from lawyer with expertise in succession law 3) Affidavit of translator 13.1.4.6. Execution of will- Order 79 Rule 6 & 7 Where the will is not properly executed, the Probate Officer has power to refuse probate of the document. Affidavits of attesting witness are submitted and if it isnt evident from their contents that the formalities pertaining to execution of the will have not been complied with, the Probate Officer will make the order refusing probate . 13.1.4.8 Grant to attorney in case of physical disability Order 79 rule 2 & 3 Not able to extract grant due to physical disability. Aff from medical advisor will be required by Probate Officer who will then give liberty to applicants attorney to proceed with grant of representation. *************sample medical affidavit pg 401 para 13.1.4.8 13.1.4.9 Grant to guardian Order 79 R 25- in case where any infant has not a testamentary guardian appointed by Court, a guardian shall be assigned by Order of the Court.Application shall be grounded on affidavit showing as nearly as possible the amount of assets, ages and with whom he resides. 7

On such application the Court or Probate Officer shall have regard to the expressed wishes of any infant over 12 years. **************sample petition to be appointed as guardian of minor PG 401************** *************SAMPLE FORM OF CHILD ELECTION PG 403 13.1.4.10 Where next of kin of unsound mind and has no committee- Order 79 Rule 27 When a person entitled to a grant is of unsound mind, it is open to this persons Committee to apply for a grant of admin for the use and benefit of said next of kin.

13.2. Revocation and Amendment of Grants S26 & 27- High Court has the power to amend amend or revoke grants of probate . 13.2.1. Revoking and cancelling a grant Revoke- where a grant issues in an estate and at the time of issue the grant was regular in all respects but subsequent events justified the revocation. Revocation and cancellation- it was fundamentally flawed form the beginning. 13.2.2. Amending a Grant A grant can be amended without the need for revocation where a minor alteration to the name of the deceased or the date of death or such alteration does not affect title or go to the root of the grant. Procedure- apply to the Probate Officer to amend the grant. Application is supported by affidavit by the grantee, setting out the facts and outlining the reason for amendment. 13.2.3. Revoking a Grant Where error is fundamental and affects title to take out grant, then an application must be made to the Probate Officer to revoke the grant. Errors: - Where a grant of admin intestate issues while a valid will of the deceased exists - Where a later will than that proved has been discovered - Where a codicil has been discovered altering apt of executors - Where one or two more acting executors are persons of unsound mind - Where a grant issues after the death of the grantee. ************precedent application to lead to revocation of a grant************************* page 13.2.4

13.3. Practice and Procedure in re non contentious matters 13.3.2 Where such Applications are necessary 1) application pursuant to S27(4) of Succession Act 1965 2) where the original will is lost but copy is available 3) where there are rival applications for a grant 4) where leave is sought to presume death 5) to admit a will by proof of due execution 8

6) simultaneous deaths invoking the concept of commorientes 7) set aside a caveat 13.3.4. Section 27(4) of the Succession Act 1965 Grant of admin by the High Court to such person as it thinks fit- departing from the usual priorities for extraction of grant of probate. Where just and expedient then an application may be made by the person wishing to extract such a grant of probate. Affidavit must set out - Necessity for grant - Applicant is appropriate person in all circs to extract grant to estate of deceased. 13.3.5 Application to prove a will in terms of a copy Arises where original will is lost. Prove(i) will is in existence and not revoked (ii) will is duly executed (iii) show copy is authentic copy 13.3.6 Rival Applications for grant of admin Rival applications are between two persons equally entitled to extract a grant but neither are entitled to extract a grant but where neither applicant is willing or able to allow the other to proceed to extract the grant. Grounding Affidavit- sets out all facts of matter and circs relevant to the application. 13.3.8 To admit a will to proof by presumption as to due execution There is a defect in the attestation clause on the face of the will. There is a presumption of due execution but there is no evidence to satisfy the probate office as to due execution. S78- will must be in writing and signed at the foot by testator in presence of 2 witnesses and each witness shall attest his signature. 13.3.3.9. Simultaneous Death- S5 of Succession Act 1965 If the Judge decides that the Order or deaths cant be established, he will declare the persons concerned to have died simultaneously. 13.4. Caveats 13.4.1. What is a caveat? S38 SA a caveat against a grant may be entered in the Probate Office or in any district Probate registry. Caveat- formal warning that nothing is to be done in relation to a grant of representation without prior notice being given to the person lodging the caveat, enabling him to appear and object to grant Lodgment- attend and completing relevant form in Probate Office.

13.4.3. Who lodges Caveat Any person who wants to prevent the issuing of a grant may enter a caveat in Probate Office. Plaintiff must enter caveat as a preliminary step before issuing a writ or commencing proceedings. Effect- places a notice on the records of the Court that nothing is to be done in the estate without reference to the caveator. 13.4.5. How long does a Caveat last? A caveat ceases after 6 months from date of entry. Remains effective until person applies for grant. A grant cant be obtained unless the caveat expires or withdrawn by caveator or set aside by Probate Judge. 13.5. Warning 13.5.1 What is it and when is it appropriate? When doubt arises as to the locus standi of the caveator and his grounds for dispute, warning to the caveator from Probate Office may issue. Procedure warning issued from Probate Office and registrar signs it - Warning must state the interest of the person it issues to - Served on the caveator by leaving the original and true copy at address of caveator 13.5.2. Effect of warning Calls upon caveator within 14 days of service to enter an appearance setting out his interest in the estate. If 14 days has expired and no appearance expired and no contentious proceedings entered, the caveat can be removed at instance of person warning. The warning party files an affidavit of service of the warning to caveat on the caveator in the Probate Office and obtains a cert of no appearance to warning.

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13.6 Citation 13.6.1. What is a citation? Document issued at the instance of a person with interest in the estate, calling upon another person with priority to extract the grant. 13.6.3. Why issue a citation?? 1) Where persons who have a right to take out the grant delay or decline to apply for a grant and refuse to renounce their rights 2) where such person knows of existence of testamentary document but proceeds in reliance on earlier will. 13.6.4 Procedural Steps Swear affidavit setting out necessary steps. Order 79 rr 52- 57 RSC- deals with this. Affidavit- Establish the facts - Give clients interest - List all and every effort to contact entitled person - Show failure - Ask for issue of citation. ***********************SEE SAMPLE 13.6.5.3.

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Tutuorial 9- De Bonis Non Applications

DE BONIS NON AND OTHER APPLICATIONS

Remember your specimen titles on page 326 @ 11.3.1.1 JULIA MAGEE DECEASED; REVOCATION OF GRANT SEE PAGES 404/405 @ 13.2.3 OUP
A grant of letters of Administration Intestate in the estate of Julia Magee, late of 3 Barry Street, Macroom, County Cork, who died on 1 July 2010, a spinster, issued to Mary Gaffney of 5 Baltimore Street Cork, the lawful sister from the Cork District Probate Registry on the 17th of September 2010. Tragically, Mary Gaffney died on the 4th of September 2010. As a solicitor who extracted the grant, draft an affidavit to revoke it. THE HIGH COURT AFFIDAVIT TO The Probate Office, Phoenix House, Smithfield, Dublin 7/The District Probate Registry at IN the estate of Julia Magee late of 3 Barry Street, Macroom in the County of Cork deceased.

I, Martin Hayden, solicitor, of AB Solicitors in the County of Dublin make oath and say as follows:
1. The above named Julia Magee late of 3 Barry Street, Macroom in the County of Cork died a spinster without parent intestate on the 1st day of July 2010 and Grant of Letters of Administration Intestate issued to Mary Gaffney, lawful sister of the said Julia Magee from the Cork District Probate Registry on the 17th day of September 2010. I acted as solicitor in the extraction of the said Grant. 2. Subsequent to the issue of the said grant it came to my attention that the said Mary Gaffney had died on the 4th day of September 2010 and I beg to refer to a certificate of her death attached hereto on which I have signed my name. 3. I am therefore desirous that the said Grant of Letters of Administration Intestate of the said estate of the said deceased granted to the said Mary Gaffney as aforesaid should be revoked and cancelled. Sworn etc..

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ULICK BOURKE DECEASED; APPOINTMENT OF GUARDIAN Ulick Bourke of Dundrum, Dublin 14 died instate in a car crash on the M50 on the 11th day of August 2010. His wife Brenda predeceased him earlier that year. His three lawful and only children are Mary (aged 16 years), Thomas (aged 15 years) and Michael (aged 7 years). Valerie Toal, a first cousin of the children and their closest living relative, living in Sandyford, County Dublin, wants to extract a grant as their guardian. The estate consists of a house valued at 570,000 (fee simple), a current account at AIB Dundrum, (8,740) at Prize Bonds (254). 1. Draft an Election by Mary and Thomas Rourke choosing Valerie Toal to be their guardian and granting her permission to obtain a Grant of Administration Intestate for their benefit. Note: Where the children of a deceased have reached the age of 12yrs they must sign a form of election expressing the wish that the petitioner be appointed their Guardian for the purpose of extracting the grant of representation for their benefit. Order 79, Rule 25 Rules of the Superior Courts provides that the court or probate officer will have regard to the expressed wish of any infant over the age of 12yrs. See Page 402 OUP

THE HIGH COURT THE PROBATE OFFICE ELECTION BY MINORS OF A GUARDIAN In the estate of Ulick Bourke late of Dundrum, Dublin 14 deceased. Whereas Ulick Bourke late of Dundrum, Dublin 14 deceased died a widower and intestate, on or about the 11 day of August 2010, at (insert whatever the death cert says)

(where application is made in a District Probate Registry, add having at the time of his death a fixed place of abode at within the district of ______) leaving Mary, Thomas, and Michael Bourke, his lawful and only children, the said Mary Bourke being a minor of the age of 16 years only, the said Thomas Bourke, being also a minor of the age of 15 years only and the said Michael Bourke being also a minor of the age of 7 years only.

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Now we the said Mary Bourke and Thomas Bourke do hereby make choice of and elect our lawful cousin Valerie Toal of Sandyford, Co. Dublin and one of our next of kin to be our guardian for the purpose of her obtaining Letters of Administration Intestate of the estate of the said deceased, to be granted to her for our use and benefit and until one of us shall attain the age of eighteen years, and shall apply for and obtain Letters of Administration Intestate of the said estate, or until all of us shall attain the age of eighteen years and we hereby appoint Martin Hayden of AB Solicitors, our solicitor to file or cause to be filed this our election for us in the Probate Office. Dated (Signed) Mary Bourke (Signed) Thomas Bourke Witness

2. Draft a Petition to be sworn by Valerie Toal requesting that the Probate Office appoint her Guardian of the Minors and granting her permission to obtain a Grant of Administration Intestate for their benefit. See page 401 OUP

THE HIGH COURT PROBATE In the Estate of Ulick Bourke; Deceased late of Dundrum, Dublin 14

Petition to be appointed as Guardian of Minors

The Petition of Valerie Toal, the natural and lawful cousin of Mary Bourke, (a minor), Thomas Bourke, (a minor), and Michael Bourke, (a minor), the natural and lawful children and only next-ofkin Ulick Bourke, late of Dundrum in the County of Dublin 14, deceased. SHOWETH 1. That the said Ulick Bourke died on or about 11th day of August 2010 intestate a widow, leaving him surviving the said minors Mary Bourke, Thomas Bourke and Michael Bourke, his natural and only children and only next-of-kin. 14

2. That the said minors who are of the ages following, that is to say, Mary Bourke is aged 16 years, Thomas Bourke, is aged 15 years, and Michael Bourke, is aged 7 years, and by reason thereof are incapable in law in taking upon themselves Letters of Administration Intestate of the estate. 3. That there are no testamentary or other lawfully appointed guardians of the said minors. 4. That said minors have no parent, brother or sister of majority, nephew, niece, grandparents, uncle, aunt, or great grandparent them surviving and that I am the lawful cousin. (See page 327 Point K - Lawful Cousin) 5. That the said Mary Bourke and Thomas Bourke minors by form of election duly consented that the said Letters of Administration Intestate should be granted to your petitioner for her use and benefit. 6. That the said minors, Mary Bourke and Thomas Bourke, live and reside at Dundrum, Dublin 14 aforesaid and said place is distant from your petitioner not more than 4 miles. 7. That the entire estate of the said Ulick Bourke died possessed is comprised of both real and personal estate (the details of which are more particularly set out in the inventory annexed hereto) and is valued at in or around under the value of five hundred and seventy eight thousand, nine hundred and ninety four euro (578,994) and for the due administration whereof your petitioner is ready and willing to offer a sufficient security. 8. That your petitioner has no interest antagonistic to the interest of the said minors.

May it therefore please the Probate Office to appoint your petitioner guardian of said minors, Mary Bourke and Thomas Bourke, and grant her letters of Administration Intestate of the estate of the said deceased as of a person dying intestate, for the use and benefit of said minors.
Maketh Oath and says that the contents of the foregoing petition are true as therein set forth to the best of the deponents knowledge, information and belief. Sworn etc

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HENRY JENKINS DECEASED; OATH FOR ADMINISTRATOR WITH THE WILL DE BONIS NON Statement of Facts:
John Jenkins is a medical doctor, the son of Henry Jenkins who died on 14 th November 1965. The RSI/PPS Number of Henry Jenkins is 7865342J. Henry made a Will on 7 February 1961 in which he left all his property to his wife (Johns mother) Mary Jenkins and appointed Margaret Haughey his sole executrix. Margaret Haughey extracted a grant through her solicitors, Kissinger & Co on 30 October 1966 and subsequently, on 28 th February 1975, she died. Probate in her estate issued on the 2nd day of March 1976. Mary Jenkins made a will dated 14 March 1987 in which she appointed John Jenkins her executor. She died on the 2nd May 2010. John Jenkins extracted a grant of Probate to her (Mary Jenkins) estate on 30th November 2010 and has retained the grant. John Jenkins bought a house for himself at 40 Greenwood Road, Sutton, Co Dublin and has sold the family home at 5 Willwood Crescent, Sutton by public auction for 1,200,000. The family home was held under a 999 year lease from 5th February 1960 under a Lease dated 1st February 1960. You have now discovered that Margaret Haughey never assented to the transfer of the family home into Mary Jenkinss name, and that it is still in the name of Henry Jenkins who died over 40 years ago.

Notes from the Tutorial: 8th February 2011 Title Henry Jenkins Henry died 14th November 1965 Level 1 Margaret Haughey, sole executrix under the grant of probate issued from her solicitors on the 30 th October 1966 She died 28th February 1975 Level 2 Residuary Legatee/ devisee = Mary Jenkins Mary Jenkins survived and got everything She died 2nd May 2010 Level 3

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John Jenkins is the Legal Personal Representative under the Grant of Probate issued 30th November 2010 the De Bonis Non Grant of Henry Jenkins Fill in Estate Duty Form A3(E) form Tutorial Book page 129 and see also pages 382385 OUP Q.1. What further assets, if any, have been discovered since the original grant was sworn? Ans: None. Q.2. Why is a fresh grant required? To deal with the unadministered property see overleaf. Q.3. Is the original personal representative dead? If so, state the date of death, and date and place of grant of representation to him? Yes, Margaret Haughey, who died 28th February 1975 and Grant of Probate issued on 2nd March 1976 Next Page of Form Insert address of property under Leasehold Property. Insert value in column. Confirm whether or not there are any debts in this case insert Nil. Total figures 1,200,000 Remainder of Form is completed by the Revenue Commissioners.

Schedule of Building, Land and Timber Form D1 page 131/132 Tutorial Book

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OATH FOR ADMINISTRATOR WITH THE WILL DE BONIS NON THE HIGH COURT

PROBATE The Probate Office, Phoenix House, Smithfield, Dublin 7

In the unadministered Estate of (a) Henry Jenkins late of 5 Willwood Crescent, Sutton in the County of Dublin occupation retired engineer Deceased. I (a) John Jenkins of 40 Greenwood Road, Sutton in the County of Dublin occupation medical doctor aged eighteen years and upwards, Make Oath and say, that I believe the paper writing hereto annexed, and marked by me to contain the true and original (b) Grant of Probate and Copy Will of Henry Jenkins late of 5 Willwood Crescent, Sutton in the County of Dublin (Description) retired engineer deceased and that same was made by the said Henry Jenkins after attaining the full age of twenty one years and that he did not intermarry with anyone after making of same and that he did therein name as his sole executrix Margaret Haughey who extracted a Grant of Probate from the Probate Office on the 30th of October 1966 and died on the 28th February 1975, leaving part of the estate unadministered. And he did therein name as Residuary legatee and devisee Mary Jenkins who survived the deceased and has since died without proving the will. I am the Legal Personal Representative of the said Mary Jenkins under Grant of Probate which issued to me from the Probate Office on the 30th of November 2010 that I will well and faithfully administer the unadministered estate of the said Henry Jenkins by paying his just debts and the Legacies contained in his said Will (and Codicil(s)) and distributing the residue of the unadministered Estate according to law and that I will exhibit a true Inventory of the said unadministered Estate and render a true account thereof, whenever required by law so to do; that the testator died at name of Hospital in the County of Dublin on the 14th day of November one thousand nine hundred and sixty five and had at the time of his death a fixed place of abode at 5 Willwood Crescent, Sutton within the said district of Dublin and that the whole of the unadministered personal estate amounts in value to the sum of one million two hundred thousand Euro (1,200,000) and zero (0) Cent

And the whole of the unadministered Real Estate which devolves to and vests in his/her legal personal representative is of the market value of Euro and Cent and no more to the best of my knowledge, information and belief. There is no unadministered Real Estate which devolves and vests in the Legal Personal Representative. 18

Sworn at in the County of this day of 20 by the said before me a Commissioner for taking Affidavits. and I know the Deponent (or who certifies to his knowledge of the Deponent) Commissioner for Oaths/Practising Solicitor This Affidavit is filed on behalf of I Certify that I know the Deponent

Solicitors for the Applicant this day of 20.

..

ADMINISTRATION WITH WILL ANNEXED BOND DE BONIS NON

***********NOTE: REMEMEBER TO DOUBLE THE TOTAL ESTATE FOR THE INSURANCE BOND********

THE HIGH COURT PROBATE The Probate Office, Phoenix House, Smithfield, Dublin 7 Know all men by these presents that I John Jenkins of 40 Greenwood Road, Sutton, in the County of Dublin, Medical Doctor am bound unto the Honourable Richard Johnson the President of the High Court and his successors in office in the sum of two million and four hundred thousand Euro to be paid to the said President or to his said successors for which payment I bind myself (c) my heirs, my executors and administrators by these presents. Sealed with my seal and dated the 8th day of February 2011 in the year of our Lord. The condition of this obligation is such that if the above bounden John Jenkins the legal personal representative of Mary Jenkins, universal legatee and devisee of Henry Jenkins, deceased late of 5 Willwood Crescent, Sutton in the County of Dublin, Engineer, deceased, and the intended administrator with the will dated the 7th day of February 1961 annexed of the unadministered estate of the said deceased, do, when lawfully called on in that behalf make or cause to be made a true 19

inventory of the said unadministered personal estate of the said deceased and also of the unadministered Real Estate of the said deceased which has or shall come into my hands, possession or knowledge, or into the hands, possession or control of any other person for me, do exhibit the said inventory or cause it to be exhibited in the Probate Office whenever required by law to do so do well and truly administer the said unadministered estate according to law(that is to say), paying all the debts owed by the deceased at the time of his death, all death duties payable in respect of the unadministered estate of the deceased for which the personal representative is accountable and all income tax and surtax payable out of the unadministered estate so and then the legacies contained in the said Will annexed to the said Letters of Administration so to me committed as far as the said unadministered personal and real estate will thereto extend and as the law shall charge me and further do make or cause to be made a true account of the said administration whenever required by law to do so and all the residue of the unadministered personal and real estate shall deliver and pay unto such person or persons as shall by law entitled by law thereto And further do, if required, render and deliver up the letters of administration in the High Court, if it shall hereafter appear that any will was made by the deceased which is exhibited in the said Court with a request that it be allowed and approved accordingly. Then this obligation shall be void and of no effect, but shall otherwise remain in full force and effect. SIGNED SEALED AND DELIVERED By the within named

and

In the presence of (i)

Commissioner for Oaths/Practising Solicitor

20