# Transfer of joint owned property to surviving widowed spouse - LR Form 47 & 17



## The Ghoul (20 Jan 2014)

A relative of mine was recently widowed, her house is in joint ownership with her deceased spouse. I am looking at the forms needed to transfer ownership to her.

I believe that she must complete a Form 47 (application for registration by surviving joint tenants) which seems straightforward and a Form 17 (land Registry Application for Registration) which I have a few Qs about.

Form 17:
Part 1 Application Type - withdrawal of name - OK
part 2 Folio details - OK
Part 3 Fee Payable - OK
Part 4 Applicant details - what is "Share(tenants in common only)" about, does she fill in the deceased spouse details here or is this section used if there are two surviving joint tenants?
Part 5 Application for registration - seems OK
Part 6 Lodged by - OK, but what is filled in in the "reference" field?
Part 7 Evidence of Identity - will a photocopy of passport and utility bill suffice here?
Signature - OK

Form 17 is here
http://www.landregistry.ie/eng/Lega...Legislation_Page/Legislation_2/LR_Form_17.pdf

Thanks for any help


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## Bronte (20 Jan 2014)

Part 4 you leave blank or wrote 'joint tenancy'. It would be very unusual for a married couple to hold their home as 'tenants in common'

Part 6 reference, probably is what a solicitor who have as a title to a file, they ascribe references to clients etc, so you just leave it blank.

Passport and utility sounds reasonable.  Remember if she gets the form wrong they will just return it, and tell you that you didn't answer a, b or c etc.


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## The Ghoul (20 Jan 2014)

Excellent, Bronte, thank you. 

One more issue if I may - the property is actually comprised of two folios - are two form 47s and two witnessings by a Comissioner of Oaths required in that case?

There is space on the Form 17 for two folios so that's not an issue - but is the fee payable doubled?


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## Bronte (21 Jan 2014)

It looks to me like one form will do all, and that makes sense in any case. It's not uncommon for ownership to be spread over more than one folio.  Form 17 doesn't require a solicitor or Commissioner for Oaths. Can you post the link to the Form 47 please.


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## The Ghoul (21 Jan 2014)

Thanks Bronte, here is the form 47
http://www.landregistry.ie/eng/Lega...Legislation_Page/Legislation_2/LR_Form_47.doc


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## keepon (23 Sep 2014)

I'm a little confused on this. Will Form 17 alone do the job, or does it need both 17 and 47? 
Form 17 is ambiguous: it has tick-boxes for both a death cert and a form 47, so it could be either or both, and I don't see any explanatory notes on it and can't find any pertinent information on landdirect.ie.
Also, is the folio number sufficient, or does form 17 have to be accompanied by a certified copy folio?
Any pointers gratefully received!


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