Getting a site signed over

fallen01angel

Hi All,
A bit of background. My father passed away many years ago and in his will he left me a site from the farm. My mother inherited everything and in later years signed everything over to my brother stipulating that I was to be given my site as documented in my Dad's will. This has never been done. So my question is this: what do I need to get the site signed over to me and is it a v expensive process?
Thanks for reading!!!

coylemj

How could your mother have signed 'everything' over to your brother when you were left a site in your father's will? Was probate done on your father's estate? Did your father's will state the specific piece of land that he was leaving you?

It sounds like you've been ignored/overlooked at two stages here - (1) on the distribution of your father's estate and (2) when your mother signed the whole place over to your brother.

Solicitor time.

my3cents

If you don't have a copy wouldn't the first stop be getting a copy of the original wills and probate http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/B4C951B57339C2C98025810F0057286D?opendocument ? I suspect a solicitor is going to do that anyway so you might as well do it yourself rather than pay someone. Then take them to a solicitor.

randomrb

my3cents wrote: »

If you don't have a copy wouldn't the first stop be getting a copy of the original wills and probate http://www.courts.ie/Courts.ie/Library3.nsf/pagecurrent/B4C951B57339C2C98025810F0057286D?opendocument ? I suspect a solicitor is going to do that anyway so you might as well do it yourself rather than pay someone. Then take them to a solicitor.

You cant get a copy of a will unless you are an Executor under that will or the executor gives it to you.

Mr. Incognito

Speak to a solicitor.

Never DIY Land transactions

my3cents

randomrb wrote: »

You cant get a copy of a will unless you are an Executor under that will or the executor gives it to you.

Just check the link I posted

Once a grant of probate or letters of administration has issued, copies of the grant and the original will may be obtained on payment of the appropriate fees by any member of the public.

I'm not suggesting the OP do anything DIY regarding land transactions but they can check their facts first by getting a copy of the original wills.

BnB

coylemj wrote: »

How could your mother have signed 'everything' over to your brother when you were left a site in your father's will? Was probate done on your father's estate? Did your father's will state the specific piece of land that he was leaving you?

It sounds like you've been ignored/overlooked at two stages here - (1) on the distribution of your father's estate and (2) when your mother signed the whole place over to your brother.

Solicitor time.

Ahhh stop scare-mongering. Stop trying to make out or presume that the OP has been Fupped over in any way. This would be very common in rural Ireland. Where one child is at home farming and the farm is left to them, each of the other siblings are left "a site" (without specifying an exact site).

At the time of doing a will not everyone is ready to build a house so it is left fairly loose in a will that each child is to be given "a site". The other thing that complicates it is of course planning permission. You cannot just decide to give Johnny a site in a particular place because you could then go to the Co Co and they could tell you to Fup off RE planning permission so you need to re-think.

To be fair, this kind of loose arrangement does cause lots of problems in families so even if you are not thinking of building right now, it is a good idea to get it sorted out.

But your first port of call is to go and talk to your brother and let him know that you want to sort it out. If he is on board, then that's great - You can just chat about where you are considering a site etc and hopefully come to an agreement.

If you are planning on building straight away (in the next 5 years) , then I would go ahead and look for planning permission first before you go through the signing over of the site. With planning the way it is, you might end up having to change move the site etc. Once you get planning, you have (I think) 5 years to actually build so you are not under pressure to start straight away.

If you don't plan now, I would at least look to get outline planning now.

When you have your planning permission and all is good, then yes, you do need a solicitor to advise with the actual process of signing over the site to ensure it is all done properly.

If on the other hand you go to your brother now and look for your site and he tells you to take a hike, then of course you have a mess on your hands (like a lot of families before you) and you do need to go to a solicitor now.

Mod
BnB
Coylemj is a frequent and helpful poster here. Pls do not claim he or she is scaremongering

fallen01angel

Sorry for not coming back sooner and thanks to everyone who's replied so far.
It's pretty much as BnB stated. A specific site was never assigned to me. I've a site in mind but there has been a falling out between me and my brother who got the farm and I want to get the site sorted out legally as soon as possible.
As a final question(not sure if I'm allowed ask this,if not please delete) would anyone have any idea very roughly how much would I be looking at in solicitor fees etc IF it was being done amicably??? (apparently he won't have an issue with signing over).
Thanks.