Urgent Notice re sealing of Administration Bonds

Dear Colleagues,

Please see notice below from the Probate Office in relation to the above matter which was kindly brought to our attention by our County Registrar.

“I have noticed over the past few months that a considerable number of Administration Bonds have not been sealed by the parties executing same.

Section 34(3) of the Succession Act 1965 indicates that the bond “shall be in such form as the President of the High Court may
prescribe by rules”. The form prescribed is set out in Part 11 of
Appendix Q of the Rules of the Superior Courts Statutory Instrument No
15/1986 and you will note that it provides for the sealing of the document by both the applicant for the Grant and the surety (if one is being provided in the case).

The said primary and secondary legislation herein has not been amended and in the circumstances, it remains a requirement that all parties to an Administration Bond must seal the document when executing same. As you are aware, Trust Corporations provide their own seal and an adhesive Red Seal is satisfactory for all other parties.

Can I ask everyone to adhere to this legal requirement please. In the event of a Bond being assigned for the purposes of suing on foot of it, the omission of a seal has potential to give rise to problems.

Yours faithfully,

Annette O’Connell,
Probate Officer,
Courts Service,
Phoenix House,
Smithfield,
Dublin 7.

01 8886028”