Dáil Éireann debate -
Wednesday, 17 Apr 1996

Vol. 464 No. 1

Written Answers. - Transfer of Family Home.

Noel Ahern

Question:

94 Mr. N. Ahern asked the Minister for Justice the steps and costs involved in transferring a family home to a widow who has taken out probate in respect of her late husband; whether the charges are for State services or private legal representation; the waiver system, if any, that exists for those unable to pay; and the way in which such an application is made. [7804/96]

Minister for Justice (Mrs. Owen)

Ownership of a family home which is the subject of probate remains in the personal representatives of the deceased until such time as it is formally transferred by means of an assent to those entitled under the will. Special rules are operated by the Land Registry and the Registry of Deeds depending on whether the property in question is registered or unregistered.

If the property is registered in the Land Registry, the application for registration should be made in accordance with the Registration of Title Act, 1964, the Succession Act, 1965 and the schedule of forms to the Land Registration Rules, 1972. The fees for registration are charged in accordance with the Land Registration (Fees) Order, 1991.

If the property is registered in the Registry of Deeds, it is open to the applicant to lodge an assent in the Registry of Deeds in accordance with the governing legislation for the registration of deeds and the Succession Act, 1965. The fee for registration of an assent in the Registry of Deeds is £26.

No waiver system is in place in relation to the Land Registry or Registry of Deeds fees which may be involved.

If the person concerned calls to the Land Registry or the Registry of Deeds, the registry concerned may be in a position to be of assistance. However, these cases can vary in complexity and the normal experience is that the services of a solicitor may be required. If the person concerned is of limited means, he or she may apply to the Legal Aid Board to avail of legal services under the scheme of civil legal aid and advice.