Foreign Wills: Can Irish Probate Be Delayed Indefinitely?

Probate Query Background

Probate can become complex where multiple wills exist across different countries. Issues can arise where a foreign will appears to revoke an Irish will, raising questions about delay, validity and the administration of the estate.

In The Irish Times ‘Ask the Lawyer’ series, Caitriona Gahan, Head of Wills, Probate & Estate Planning, responds to a reader’s query on whether an overseas will can delay Irish probate and how long beneficiaries have to make a claim.

Reader's Question

My uncle died leaving an Irish will. He had also made made a will in another country, dealing only with his assets there.

A probate application by the solicitor who drafted the Irish will, made five years after the death, was refused by the Probate Office because the newer will made overseas contained wording revoking previous wills. The deceased, however, only intended to revoke previous wills made in the other country, the solicitor there later confirmed.

Legal letters from the beneficiaries, seeking progress by the executor – who is also a beneficiary – have been ignored. Served with a probate citation, compelling them to proceed or step aside, the executor "entered an appearance" to the citation, and remains the executor.

We are concerned the estate may continue to drift indefinitely. My family’s only real wish is to see the deceased’s will completed fairly, and without delay. What can we do?

Possible Will Revocation

Was the Irish will revoked by the newer will overseas? That’s the first matter to resolve, says Caitriona Gahan, head of Wills, Probate and Estate Planning at Lavelle Partners.

“The Probate Office has refused to accept the Irish will, on the basis that it was revoked by the will made overseas, so it’s unlikely they will issue a grant [of probate], or allow the Irish will to be proved by the overseas lawyer’s sworn statement, without a court order confirming the will has not been revoked by the will made in another country,” says Gahan.

An application to the High Court "non-contentious list" is likely to be required to establish this, she says. However, unless the application is made by the executor of the Irish will, it may be difficult to progress matters.

Grant of Probate

As the executor has “entered an appearance” to the probate citation – that is, they have responded to a court order saying they will handle the estate and they don’t want to give up their role – the next step open to beneficiaries is to ask the Probate Office to order the executor to apply for the Grant of Probate within 14 days. This is called a “sidebar order”.

If they don’t apply in that time-frame, the Probate Office may make a further sidebar order, treating the executor as having given up their right to act, says Gahan.

If that happens, the next person entitled to apply for a grant can step in. Decided by High Court rules, this is usually a person entitled to share in the residue of the estate.

Read more about Extracting Grants of Probate & Estate Administration

Removal of an Executor

If the court finds the Irish will was not revoked by the newer overseas one, the reader asks whether an application could be made to remove the executor.

The courts are unlikely to remove the person chosen by the deceased to administer their estate, Gahan says. Only in “serious and special circumstances” will they do so, such as when there is a clear conflict of interest.

And even then, if the executor says they will address the issues, the court may allow them to continue.

If no grant of probate is issued to the executor, or the executor is removed, beneficiaries who wish to bring a claim against the estate will have to apply to the court under section 27 (4) of the Succession Act 1965 for a special administrator to be appointed. This is usually an independent person, says Gahan.

Limitation Period

Then, there’s timing to think about. Where there is a will, the Succession Act allows six years, starting from the date of the death, to claim entitlement. After six years, a beneficiary’s claim to a share in the estate will usually be out of time, meaning they can no longer enforce that entitlement through the courts.

If an independent administrator is appointed, they only have the legal authority to manage and distribute the estate after the court issues the grant of administration.

There is case law to support the position in an administration that the six-year limit runs from the date of death, not from the date of the appointment of the administrator, says Gahan.

So, it’s possible that if one or more of the beneficiaries brings a claim against the estate, that is, they take legal action to demand a share of the deceased person’s estate, a defence may be raised that the claim is brought outside the permitted six-year window, or is “statute-barred”, says Gahan.

“If all the beneficiaries are statute-barred, or if no beneficiary has issued court proceedings making a claim against the estate within six years, it is most likely that an independent administrator would not plead the statute and simply administer the estate.”

Ask The Lawyer: Can a Will Made Overseas Delay Probate of an Irish Estate Indefinitely? (The Irish Times, 4 June 2026)

Further Information

As this reader's query highlights, probate can become complex where there is uncertainty around the effect of a foreign will, and may cause a potential delay in the administration of the estate.

Taking legal advice early can help clarify the position and support an efficient resolution.

For expert legal advice on managing Foreign Wills or the Administration of an Estate, please contact Caitriona Gahan, Head of Wills, Probate & Estate Planning.