Maps attached to wills – Probate Office Requirements
14 August 2020
If you have been on staycation this August, you might have been using Google maps to find that beach, cosy restaurant or house of a distant cousin. Which got me thinking about using maps with wills. Maps can be attached to wills, particularly to identify portions of properties (eg plans on a folio) or a site to be left to a child. There is no bar to attaching a map to a will. If you do attach a map to a will this is just a reminder on the procedures adopted by the probate office in admitting a will with a map to proof. To admit a will to proof with a map, you must contact the Rules office to obtain an order from the Probate Officer admitting the map to proof. The order must be exhibited in your oath. When seeking your grant, you submit the Probate Officer’s order, and the affidavits supporting the order, with the usual papers.
To obtain your order from the Probate Officer, you will need to write to the Rules office, enclosing:-
- Grounding affidavit setting out circumstances regarding the execution of the will;
- Affidavit of attesting witness;
- €65 (€20 for each affidavit and €25 for the order); and
- Original will and map.
You grounding affidavit and map must demonstrate:-
- That the maps were in existence at time of execution of the will;
- That the maps were referred to in the will;
- That the maps produced are the maps attached to the will;
- That the testator was aware of the existence of the maps; and
- That the maps and the will were in the same room and attached to the will at the time of execution of the will.
For extra good measure when attaching maps, you require the testator to sign the maps and use the attestation clause on the map. Map to be witnessed in the same manner as the will. Again good practice is to ensure that the map is bound with the will in accordance with the probate office requirements.
Hope this helps and if you are on holidays, then enjoy, you do deserve it!!