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Normal Procedure - Administrator registering Title to an Estate

  • 08-06-2016 6:36am
    #1
    Registered Users, Registered Users 2 Posts: 180 ✭✭


    Hi,

    Is it normal procedure for for an Administrator to an intestate's estate to register the full property (Land Registry) to himself (say in order to sell it)?

    Does the obligation on the adminstrator to distribute automatically survive registration, or should the application actually list out all the parties entitled to a share in the estate?

    Is there a standard form for this situation?

    Thanks,


Comments

  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    This is legal advice.

    However in general, an administrator does not register the property in his name personally.

    It would in effect become two conveyances- one to him and another to the beneficiary and would run up unnecessary costs and taxes.


  • Registered Users, Registered Users 2 Posts: 180 ✭✭share_bear


    This is legal advice.

    However in general, an administrator does not register the property in his name personally.

    It would in effect become two conveyances- one to him and another to the beneficiary and would run up unnecessary costs and taxes.

    What I meant was - to register the full fee simple interest to himself as personal representative, without mentioning the people entitled to shares in the estate?


  • Registered Users, Registered Users 2 Posts: 457 ✭✭Serjeant Buzfuz


    share_bear wrote: »
    What I meant was - to register the full fee simple interest to himself as personal yrepresentative, without mentioning the people entitled to shares in the estate?

    The short answer is no, the long is that is legal advice area, you should get advice from a solicitor, there is a shorter statute of limitations in claims against an administrator.


  • Registered Users, Registered Users 2 Posts: 180 ✭✭share_bear


    The short answer is no, the long is that is legal advice area, you should get advice from a solicitor, there is a shorter statute of limitations in claims against an administrator.


    I went to a solicitor but she didn't mention this shorter statute of limitations. I hadn't seen your post before going.

    Is it just one year? From what date please?

    Thanks


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