Does my mun have to change the name on Deeds

faolteam

My father died last May and he had written a will exactly the same as my Mums and they had joint owners names on the Deeds,

I was concerned at the time if anything happened my mother that her name would not be the sole owners name on the Deeds,

So my solicitor said yes we should get this changed and kept ringing me up to make a date to get this done for her,

What i want to know was this necessary to have got this changed or could i have waited till both people had passed away ????

there are 3 of us children

egan2020

It's not completely necessary but it generally is done. It's a straight forward application that gets sent to the Land Registry exhibiting a copy of your father's death cert. It's an application for removal of name and it costs 25 euro. I think it's in the form of an affidavit so your mother would need to get it sworn in front of a Commissioner for Oaths or solicitor. She could go directly to the Land Registry to get this done.

Marcusm

egan2020 wrote: »

It's not completely necessary but it generally is done. It's a straight forward application that gets sent to the Land Registry exhibiting a copy of your father's death cert. It's an application for removal of name and it costs 25 euro. I think it's in the form of an affidavit so your mother would need to get it sworn in front of a Commissioner for Oaths or solicitor. She could go directly to the Land Registry to get this done.

Does this not rather assume joint tenancy when it could be tenancy in common in which case the will would be relevant and a grant of probate neessary before effecting the change?

egan2020

Marcusm wrote: »

Does this not rather assume joint tenancy when it could be tenancy in common in which case the will would be relevant and a grant of probate neessary before effecting the change?

Fair point but I'd imagine it's nearly always the case that a husband and wife are joint tenants when it comes to the family home.

OP you can check whether your parents are named as joint owners or tenants in common by looking at the ownership section of the Folio and File plan or a phone call to your solicitor should give you the answer.

faolteam

but he is charging me 500 euro and a friend said we should have just left it and got it changed if any thing happened the remaining joint owner

and that solicitors will just get you to do this so they can get your business ???

egan2020

faolteam wrote: »

but he is charging me 500 euro and a friend said we should have just left it and got it changed if any thing happened the remaining joint owner

and that solicitors will just get you to do this so they can get your business ???

If probate is not necessary and he's charging 500 euro just to get your father's name removed from the deeds, tell him you don't want him to do it. It will cost your mother 25 euro to do this application at the Land Registry herself.

If he is saying that probate is necessary ask him why. I've only recently started doing probate work due to others being laid off but I thought that if the property (including bank accounts??) was jointly owned and everything is going to the surviving spouse then there is no need for probate.

Like I said I'm not at all sure that this is correct but if you ring the Probate Office, they'll set you straight.

faolteam

awaiting reply