I have sent paperwork to determine name on deeds with the Registry of Deeds as I had no success with the Property Registration Authority. A will left by the last owner, an elderly spinster left the whole of her estate to her nieces and nephews. I have been told by a surviving brother (my father in law) that the home is probably still in his father's name and was never given to his daughter. So we are trying to determine if it is actually the property of my father and law and his brother, the two surviving siblings. Isn't that how Irish law works, i.e. the property if still in the grandfather's name then goes to the two surviving children? If I cannot find out the name via the Registry of Deeds is there a next step or is that a dead end and the beneficiaries are waiting for 12 years to elapse until they are the rightful owners (it has already been six)? We know the grandfather bought the home, we just don't know if he registered it as this occurred around 1939. We are interested in buying the other brother out of his portion if still in the grandfather's name and are told we have to pay the beneficiaries the money they have invested into improving the home as well. The home sits vacant but we would like to purchase it back.
1. If it the surviving children of your grandfather, at the date when he died, who will share equally in his estate. Accordingly, it is these people who will inherit your grandfather's assets, provided his wife/grandmother died before him. Secondly, you should get a solicitor/law agent to carry out the search for you in the Registry of Deeds. You will not get a search carried out for you. You need to do this yourself or have someone do it for you. Be aware that each of these estate of the deceased grandfather and so forth will have to be lawfully administered to give good title. Title obtained by adverse possession is only a possessory title and is less saleable than if the thing is done properly and the estates of the deceased persons administered.
Thank you. I paid the 20 euro to have them do the 10 year window search as we are too far from Dublin to pop and do it ourselves for 2 euro each. After this I will get a solicitor as you suggest. May I ask is there a reputable search site for solicitors with probate experience in Ireland? We want a solid one and not one who might be less than respectable.
2. If you want a solicitor with Probate experience, or a speciality in it, send an email to the relevant person at the Law society and they will provide you with a list of solicitors who specialise in probate law. The Law Society (www.lawsociety.ie) maintain a list of solicitors who specialise in particular matters. Go to their website and get a list of relevant solicitors from them.
Barrister 17 years experience
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).