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Title of House Question & Solicitor

  • 01-02-2019 6:35pm
    #1
    Registered Users, Registered Users 2 Posts: 9


    Hi All,

    My grandfather is very ill at present with cancer, not able able to communicate & nearing the end. I had been informed previously that I was the beneficiary of his will which was his old house, now last week the executor spoke to me about the will and mentioned you would want to make sure that all is in order with title of house as in speak to grandads solicitor as it’s a very old house and said just to make sure all is in order as there can be problems with deeds on very old houses and it may be pre land registry. I was confused as this is all very new to me.

    Now why I’m a little concerned is that if grandad passes soon I will face a large tax bill on this house and will A. Either have to sell house or B. Get a large loan to clear the bill. I spoke to grandads solicitor who has the deeds but he was quite vague on it and said I’m sure all is fine with title, I left it at that but I think I should get something more solid than all is grand, either a copy of deeds or something in writing?

    Now my last question is let’s say there was an issue with title of this house how does that effect inheritance tax, as in how could I sell off house to pay tax bill if there was an issue with title as nobody would buy, would house be put in my name if title wasn’t in order?

    Thank you


Comments

  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Surprised that your grandfather's solicitor is discussing details of his will while your gf is still with us. Not done without the testator's express permission
    You should consult a solicitor re other issues raised
    Leaving open for general discussion subject to forum rule on legal advice


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    You do not own this house. It is not your job to sort out the title to the house and, even if you wanted to, you couldn't. If there's a problem with the title to the house it will be the executor's job - after your grandfather has died - to identify the problem and work out what needs to be done about it.

    Being "pre-land registry" is not a problem. All titles were pre-land registry once. This can be sorted out, and has been many, many times.

    Issues over title do not affect inheritance tax liabilities at all, unless they are so severe as to reduce the value of the property, in which case obviously any inheritance tax bill will also be reduced.

    If there is a problem with the title (and, n.b. nothing you have said gives any great reason for thinking that there is), and if that problem cannot be rectified, and if it renders the house unsaleable, then the house isn't worth very much.


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