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  1. M

    Estate Agent rushing buyer to arrange building survey

    I prefer to see contracts with planning documentation and a Land Registry Compliant map ( if applicable) before advising my purchasers to send out the surveyor. Anecdotally, I understand that it can be quite difficult to get a surveyor so sometimes clients will go ahead and spend money before...
  2. M

    Mgmt company overcharging while doing no actual work. Solution?

    The mechanism for setting/increasing the service charge and calculation of interest on arrears should be in the Lease signed when the property was first acquired. mf
  3. M

    How to draft an equity agreement after legal separation

    You both should have separate, independent legal advice. With or without legal advice, you can agree the terms of your separation. Deal with everything- kids, custody, access, maintenance, property, pensions etc.,etc. Don't try and do what you seem to be trying to do, in isolation. mf
  4. M

    can one of my siblings charge me rent for living in family home.

    OP needs proper legal advice. All the replies are very helpful but if the OP wants resolution, legal advice is necessary. I have two of these situations on my desk at the moment and reality is not featuring in any part of the incumbents' position. mf
  5. M

    Problems retrieving house deeds held by AIB

    A thought. It may be that the mortgage remained in both names even if the title was transferred? I suggest that OP may need to engage a solicitor to properly look at the situation and engage meaningfully with AIB. Without actually seeing all the paperwork, anything here is speculation. mf
  6. M

    Woman pays €14,000 to a non lawyer in repossession case, cannot appeal home possession order

    https://www.courts.ie/acc/alfresco/9a07064a-63c7-4bf5-bf5f-bf83d9ec8112/2023_IEHC_738.pdf/pdf#view=fitH
  7. M

    Woman pays €14,000 to a non lawyer in repossession case, cannot appeal home possession order

    I read the 21 page Judgment. The non lawyer advice was only a (smallish) part of what I would regard as a balanced and reasoned judgment. These were the real issues. The inordinate delay in bringing the application. The application did not disclose arguable grounds of appeal. mf1
  8. M

    Key Post Title Deeds - What documents should be scanned as a backup?

    Everything in the bundle of Deeds won't be important. Only a solicitor could isolate the essential documents. Taking a (very large) punt, I'd say that its an unregistered leasehold title. If that is the case, then the title necessary is the original Lease (or certified copy) plus a Deed for...
  9. M

    Can I pay off my mortgage myself or does it have be done via solicitor?

    Pepper are slow to do anything. But process is: 1. Ask for redemption figures from them. 2. Pay them the quoted figure or , if they are slow to provide, pay what you believe is due. 3. Ask for the Mortgage Deed to have a Release/Receipt endorsed on the Deed so that evidence of discharge can be...
  10. M

    Fitted items - buying a house

    Most transaction are either very remote or pleasant but I've had fraught situations where because of title or planning issues and, after much heated exchanges, the purchase price has been reduced by reluctant agreement. The purchasers really want the property and the vendors badly need to...
  11. M

    Capital Gains Tax, Family Home

    Information required: Mother's date of death. Date Probate to mother's estate issued. Value of family home submitted to Revenue as part of Probate application. Sale agree price/ Anticipated sale proceeds of family home when sold. Overall value of estate including house. Details of benefits...
  12. M

    Can the executor sell a house before probate is granted?

    See below. Yes- a solicitor can apply to expedite but really shouldn't - the boy who cried Wolf! and all that. The Probate Office will not expedite applications unless there are exceptional circumstances. House sales are not regarded in themselves as exceptional events. I did have one...
  13. M

    Can the executor sell a house before probate is granted?

    It depends............ See my standard Contract Special Condition below "The Vendor is selling in his capacity as Legal Personal Representative of the Estate of M P F and will assure the property in such capacity. The Vendor has applied for a Grant of Probate in the estate of the deceased...
  14. M

    Can the executor sell a house before probate is granted?

    Broadly, yes to both. Contracts can be signed by an Executor where there is a will. Their authority to do so stems from the will which speaks from date of death of the deceased. An Administrator ( that is where there is no will) derives their powers from the Grant. An Administrator has no...
  15. M

    Ward of Court & The Assisted Decision-Making (Capacity) Act

    The general view in legal circles, in the absence of any good specific information (very lacking right now) on the post 26th April situation, is that the current EPA situation is better all round for the Donor. mf
  16. M

    Can transfer of property happen when a burden charge is on register/folio?

    Plus one to all the advice so far. It would be helpful if OP could provide the wording of the Burden. Much easier to offer suggestions if we know what precisely is involved. mf
  17. M

    Solicitor who handled judicial separation and later divorce struck off.

    OP can contact the relevant Circuit Court Office and take up a copy of the Pension Adjustment Order made. It will be separate from the Divorce Order. It is likely that the Order, as per Paid's reply, was for a very nominal (as in not worth more than a tiny miniscule) amount. mf
  18. M

    Pension and Divorce

    All assets, whatsoever and wheresoever, available to either party to a marriage are taken into consideration by the Court when deciding on proper provision on the break up of the marriage. mf
  19. M

    Solicitor wants to charge €600 for confirming that they witnessed a will?

    Why would any professional not charge for work done/to be done? Do people/some people have an expectation that professionals should not charge for work? As above -It's not cheap but, as a practising solicitor, I would not regard it as excessive. mf
  20. M

    Solicitor wants to charge €600 for confirming that they witnessed a will?

    The second solicitor witnesses the signature of the Attesting Witness on the Affidavit at a cost of €10.00 which we can assume is factored into the fee quoted.
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