12th August 2025
Erin International is committed to keeping probate practitioners informed about critical updates that may impact their work. A recent policy change at the Probate Office regarding probate application submissions has prompted Erin International to highlight how its specialised services can help practitioners avoid costly delays.
The Probate Office requires all applications to be accompanied by the Notice of Application Forms – Probate, which includes the following statement:
“WE RESERVE THE RIGHT TO RETURN ALL PAPERS IN FULL IF THE APPLICATION FAILS TO MEET THE REQUIREMENTS SET OUT ON PAGE 2. THE REJECTED APPLICATION WILL BE TREATED AS A NEW FILE WHEN RE-SUBMITTED WITH A NEW DATE OF LODGEMENT AND WILL BE SUBJECT TO THE CURRENT WAIT TIME FOR NEW APPLICATIONS.”
As of now, this directive is being strictly enforced due to a high volume of queried or non-assessed files. The Probate Office has outlined two key scenarios that will result in returns:
- Applications failing to correctly set out legal entitlement: All papers will be returned to the lodging solicitor, and the rejected application will be treated as a new file upon resubmission.
- Applications with more than three queries: All papers will be returned to the lodging solicitor, and the queried application will be treated as a new file upon resubmission.
At the date of publishing, the Probate Office is processing files lodged in mid-June. A high return rate due to this policy could disrupt planned house sale closures this Autumn, posing challenges for practitioners, particularly those expecting Grants during holiday periods.
To address these risks, Erin International offers its bespoke Probate Pre-Check Service, specifically designed for probate practitioners to ensure first-time submission success. Introduced in October 2022 to tackle common application issues, especially in intestate cases and those with a foreign domicile element, this service leverages Erin International’s expertise to identify potential errors prior to submission.
The Probate Pre-Check Service offers several tailored options:
- Title Check: Verifies legal entitlement in the oath for Probate, Intestate, Will-Annexed, De Bonis Non, and Resubmission applications.
- Full Check: Provides a comprehensive review of the entire application, covering errors, omissions, and additional requirements for Probate, Intestate, Will-Annexed, and De Bonis Non applications (resubmissions are limited to Title Check only).
- General Probate Queries: Answers difficult queries for both domestic and overseas matters.
Erin International ensures a swift turnaround, addressing queries within 24-48 hours to help practitioners avoid returns and delays. While this administrative service does not constitute legal advice, it is designed to facilitate seamless submissions.
The service is led by Caroline McCall TEP, Erin International’s Probate Consultant, who brings over 20 years of experience from the Probate Seat and High Court Office, including her tenure as a manager in the Courts Service. Joining Erin International in 2022, Caroline developed this unique online checking system based on her extensive knowledge to address the specific challenges practitioners face when submitting probate applications.
Practitioners can access the Probate Pre-Check Service by visiting Erin International’s Probate Pre-Check page for the checklist, pricing, terms & conditions, and submission form. For further inquiries, contact the team at [email protected] or +353 (0)1 482 1095
With Erin International’s expertise, practitioners can navigate the Probate Office’s stricter requirements with confidence and ensure timely, successful submissions.