Q. My dad was born and raised in Limerick, and moved to the UK in his 20s. He was an only child from a small house. His parents passed away in the 90s. At some point that house was to have been sold, and we all assumed it was. Dad passed away recently, and we found some of his papers. It turns out the property was never sold, and remains in our grandad’s name. The property is still standing although obviously has seen better days. What steps should we take the now sell the property?
Dear Reader,
The first thing you should do is to instruct an Irish solicitor, who may be able to better advise you. You should firstly ascertain whether your grandparents left a will, and confirm whether or not that will was submitted to probate.
If they had on will, your father would have inherited the property on intestacy as he was an only child. It is possible that you may only need to take out a Grant of Probate or administration in your grandfather’s estate.
The executor of your own father’s estate, if he had a will, would be entitled to seek to take out administration in your grandfather’s estate, and the proceeds of any sale would flow according to the terms of your father’s will.
If your father didn’t leave a will himself, his spouse would be entitled to take out a grant in your grandfather’s estate. If your father’s spouse did not survive him, you or any of the children would be entitled to take out the appropriate grant. Proceeds of sale would flow according to the Irish rules on intestacy – 2/3 to his spouse (if she survives), the balance equally between his children.
Any beneficiaries would have to obtain Irish PPS numbers, if they do not hold same already. UK ID numbers would not be sufficient.
Your solicitor should also ensure the property has not been placed on the derelict site register, and if so to take efforts to have same removed. The local authority is entitled to take possession of such derelict sites.
Your solicitor should also start the process of having the ‘non title’ items dealt with in order to progress the sale. This would include ascertaining any planning permissions attach to the property, obtaining a certificate of compliance with regard to the same, arranging to have the property registered for local property tax, confirming the position with regard to roads and services, etc.
You should also take steps to secure the property, ensure that doors and locks are in good order, and that the property can be advertised for sale.
The process can take some time, especially having the matter progress through probate, and you should instruct an Irish solicitor at your earliest convenience.