Transferring ownership of house

jackthetrader

Meeting family solicitor this week but thought I would get some comments on the case here

My father passed away recently and left a house behind him in County Cavan. The house originally belonged to my maternal grandfather but my mother died when I was young so my grandfather willed the house in such a way that my father could live in while he was alive, and stipulated also that it should pass onto his grandchildren (me and my two brothers) after that. So I dont even know if my father ever actually owned the house.
Is it a case that the house will be passed down onto myself and my brothers automatically or will we have to go through a process to sort it out ?
One of my brothers currently lives in the house with his family. If we decide to let our brother remain in the house could we simply transfer the deed of ownership over to him ?
Thanks

Bepolite

Have a google for a 'life estate'. Land law is an area (rightly or wrongly) hated by many law students because of it's complexity.

It's precluded to advise you for many reasons but the main one is it's impossible to give you accurate advice without knowing all the facts.

Courtesy Flush

jackthetrader wrote: »

Meeting family solicitor this week but thought I would get some comments on the case here

My father passed away recently and left a house behind him in County Cavan. The house originally belonged to my maternal grandfather but my mother died when I was young so my grandfather willed the house in such a way that my father could live in while he was alive, and stipulated also that it should pass onto his grandchildren (me and my two brothers) after that. So I dont even know if my father ever actually owned the house.
Is it a case that the house will be passed down onto myself and my brothers automatically or will we have to go through a process to sort it out ?
One of my brothers currently lives in the house with his family. If we decide to let our brother remain in the house could we simply transfer the deed of ownership over to him ?
Thanks

I would imagine that the will of your grandfather would be enforced and therefore you and your brothers would become equal owners of the property
I am not sure about transferring ownership to your brother, maybe someone else can answer that

Santa Cruz

The will of the grandfather must first be complied with in so much as the property should have been transferred into the ownership of the three grandsons. The right of residence would be maintained even with this transfer. After the death of the father a transfer of the property in to the name of one of the grandsons can take place. There does not need to be any payment made to the other two grandsons once they agree to the transfer

Valentine1

You should seek independent legal advice before agreeing to give any share you may have in the property to your brother.