Land registration procedure when one home owner dies?

Cath Ann

New Member
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9
Father passed in 2018, house was in joint names with mother who still lives there.
Is form 47 the correct form to put ownership into her sole name?
The folio number is required, where do I find this?
Does her signature have to be witnessed? and who would be the easiest witness to organise (can I do it?) - She is pretty much bedbound at 88yo and getting her out in front of a solictitor/ commr or oaths would be tricky.
Anything else to consider/ include ?
Is this neccesary to do at all?
Thank you
 
Is this neccesary to do at all?

No. You literally don't need to do anything. My father pre-deceased my mother by over 20 years and my mother did nothing about putting the property in her sole name and it made absolutely no difference whatsoever when it came to her probate. It wouldn't cause any sort of hiccup even if your mother was selling now.

It's not really worth the hassle in my opinion. It doesn't really confer any benefit on your mother or anyone else.

The folio number is required, where do I find this?
Go to Land Direct, find the property on the map, and click on it. That'll give you the folio number. You can get a copy of the folio as PDF for €5.
 
My father pre-deceased my mother by over 20 years and my mother did nothing about putting the property in her sole name and it made absolutely no difference whatsoever when it came to her probate.
Same here except that it did cause problems because we had to first retrospectively rectify the lack of probate on the part of my father before my mother's probate could be done. It involved significant inconvenience, delay and cost.
 
Same here except that it did cause problems because we had to first retrospectively rectify the lack of probate on the part of my father before my mother's probate could be done. It involved significant inconvenience, delay and cost.
Conversion of a joint tenancy to the sole name of the surviving joint tenant basically requires the death certificate and some paperwork. It doesn't ever require probate. Same applies to anything held jointly. It's a basic principle of how joint tenancy works.
  • There is I suppose the possibility that "joint names" here is actually a tenancy in common. But that is unlikely.
If the house was in your father's sole name or (much rarer with married couples) owned by both of them as tenants in common then that's entirely different and absolutely would require rectification and would generally be a complete bureaucratic pain as you describe.

The OP says the property is in joint names, but even if it's not there's zero benefit to their mother in extracting probate and putting it in her name, unless she wants to sell or otherwise dispose of it (which again, possible). In which case a solicitor is required anyway.
 
Sorry, I just realised that the original post deals with a property in joint names. Our family's problem was that (in common with many other couples married in the 1950s I presume) the family home was in my father's sole name and nothing was done about this when he died. Apologies for mistakenly going off topic...
 
Thank you, I think we'll just not do anything, Mother will definately live out her years in her home and no need to put any stress on her. Thanks for clarifying and putting my mind at ease