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Is land transfer part of probate?

  • 25-06-2014 10:27am
    #1
    johneym
    Site Banned Posts: 344 ✭✭


    Hello all,

    I have completed probate but there is very little money. The land is divided between 4 people. The money between 3 people. Thing is, if I take the land transfer fees from the remaining money there will be none left for the 3.
    Not looking for opinions as we have discussed it and there is disagreement, but looking to know what the situation is legally.

    Is land transfer part of probate?

    Many Thanks for your time,

    John


Comments

  • #2
    GusherING
    Registered Users, Registered Users 2 Posts: 342 ✭✭GusherING


    johneym wrote: »
    Hello all,

    I have completed probate but there is very little money. The land is divided between 4 people. The money between 3 people. Thing is, if I take the land transfer fees from the remaining money there will be none left for the 3.
    Not looking for opinions as we have discussed it and there is disagreement, but looking to know what the situation is legally.

    Is land transfer part of probate?

    Many Thanks for your time,

    John

    I presume you have extracted a grant of probate for some deceased relative's estate? An executor has an inherent power to sell estate property under s.60 of the Succession Act 1965 (including land), so yes it is possible to do.

    However, selling a property is a lot more complex than filling in a few forms. in the Probate Office. Retain a solicitor to sell the property on your behalf.


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