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cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 157
Experience:  and Mediator practicing in Cork, Ireland.
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My husband inherited his fathers home but the deeds are still

Customer Question

My husband inherited his father's home but the deeds are still in his deceased father's name. Can he put them into his name without retaining a lawyer by going to the land registry or something?
Submitted: 4 years ago.
Category: Republic of Ireland Law
Expert:  cmcsolicitor replied 4 years ago.

cmcsolicitor : If your husband was registered as a joint owner of the property during his father's lifetime then he will not need to make any application as the Death Cert would be sufficient proof that the property has passed to him by survivorship.
cmcsolicitor : If he was not a joint owner during his father's lifetime, then he will need to present a Grant of Probate (if he inherited on the basis of a Wil) or a Grant of Administration (if he inherited on intestacy) along with the application to the PRA.
cmcsolicitor : You might like to say which of these you think applies and I will be able to state the steps that will be required.
Customer: replied 4 years ago.
He was not a joint owner so the latter steps please thank you. Will he be able to do this without retaining a lawyer? Further will he incur any kind of estate tax from transferring the deeds to his name? Thank you
Expert:  cmcsolicitor replied 4 years ago.
1. Prepare form CA 24 Inland Revenue Affidavit ( this will be required to be submitted with the probate application and any taxes payable will be calculated on this basis.

You will need to provide written evidence about the assets/ liabilities of the deceased, so funeral bill, bank statements etc. So the first step is to set up a file and to start writing letters to the various institutions stating who you are and providing a copy of the Death Cert, and asking for a statement of the liabilities at the date of death, or of the value of the asset/ bank account etc.

There is effectively a CAT free allowance on amounts below €225,000 inherited from parents, with 33% payable on anything after that.

2. Apply for a Grant of Probate if there is a Will, or a Grant of Administration if there is no Will. These applications can be made by personal applicants with the assistance of the Probate Office in Phoenix House, Smithfield, Dublin. They are fussy applications and will involve several trips to the Probate Office, for which reason most people get a solicitor to do the work. A solicitor will be able to apply to the local probate office, but the local offices are not set up to assist personal applicants. Gathering the information about the assets for the CA 24 is a big part of the job so if that is done you would get a competitive quote from a solicitor for the probate application.

3. Apply to the Property Registration Authority or the Registry of Deeds to have the property transferred. The Grant of Probate or Administration will be required. The steps required at that stage will depend on whether the property is registered.

I trust that this has been helpful. Please rate this answer positively so that I can be paid. Thanks.
cmcsolicitor and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you this was excellent.
Expert:  cmcsolicitor replied 4 years ago.
Thanks for your positive rating.

Good luck with all of this!

Expert:  cmcsolicitor replied 4 years ago.
Hello - please rate my question so that I will get paid for the answer.

Customer: replied 4 years ago.
I accepted the answer like I do for all my questions as I have a subscription and cannot rate it. I just click accept and so far noone has had a problem getting paid?
Customer: replied 4 years ago.
It says accepted above and has a check mark saying I paid.
Expert:  cmcsolicitor replied 4 years ago.