Deed of Assent - Cost?

1

1dave123

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Hello

We expect to have probate sorted in the next few weeks - via a Personal Application (cost was €630 if anyone is interested).

My mother is not currently on the title deeds to the family home (only my father was named) and we will need to get a Deed of Assent completed.

I was wondering if anyone has ever got one of these done and what is the likely cost?

Many thanks
 
Maybe you could do this yourself too? Contact the property registration authority for help.

Speaking as a practising solicitor I wouldn't take on someones personal application for probate and 'finish' it by doing a deed of assent because of the potential for being implicated in a negligence action. I've had cause to try to sort out a couple of personal applications very recently where the executors got the whole thing arseways with a consequent major tax problem in one case and in another case a will was probated that should never have been since it was voided by a subsequent marriage. With consequent major difficulties with the original beneficiaries.

The executors are liable of course but what should have been straightforward has now turned into a race to court.
 
Thanks Vanilla

I wouldn't be brave enough to do the Deed of Assent myself - far beyond my capability. I'll leave that to the experts.

In our case the probate was very simple. Mother inherited everything on my fathers death - probate only needed because my mother wasn't on the house deed. It was very straightforward.
 
Is the house registered in the Land Registry? If it is, there are prescribed forms (formats of document) to use, depending on the circumstances (testate or intestate, executor is/is not the applicant). These are set out in the Land Registration Rules, 1972. Rules 89-93 should tell you which form to use. The only other things you need to send in are the Grant of Probate, a Form 17 (available on the Land Registry website) and €85. If there is a land certificate that should also be lodged, but if you don't have it, just wait until January 2010 and it won't be an issue as land certificates are being abolished then.

If not a Land Registry title, it's still straightforward, but I'd be inclined to get a solicitor to ensure that there is no blot on title for the future when you want to sell on.
 
1dave123 said:
I wouldn't be brave enough to do the Deed of Assent myself - far beyond my capability. I'll leave that to the experts.
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The deed of assent is a form when it boils down to it. It's the probate which was the thing that would have required expertise. Unless there's some other issue with the title which also needs sorting out but that's a different issue.
 
Guys - thanks for the replies

The Deeds were registered in the Registry of Deeds. I think it's a leasehold rather than a freehold (we haven't bought out the ground rent).

There is a will and the executor is the applicant. Afraid I don't know what a land certificate is so I suspect we don't have it.

I have emailed the Land Registry to see if they can give me a steer.

I'm on a steep learning curve with this one!

Cheers
 
Ah, I see. You will need a solicitor then I believe. If it is leasehold and not land registry then the PRAI will be of no help to you. And unfortunately the Registry of Deeds is not an 'information service' which is usually the standard reply to any question put to them.

An unregistered title usually needs an expert to draft the deed of assent. As for fees, although it means one document must be drafted it does also mean that the prior title must be read through in order to do so. Depending on the title deeds this can be a painful and lengthy task. With the rollout of compulsory registration there could also be a recommendation to first register the property but that depends on what county you are in.

Again I wouldn't be keen to be involved but in these recessionary times nobody wants to turn away a client so your best bet, if saving money is very important, is to ring around for a few quotes.
 
Yes, go to a solicitor. It will save potential problems when it comes to selling.

While you're at it, find out how much it would cost to get a vesting certificate and register the freehold title - get it all tidied up at once.
 
Guys - thanks for your replies over the last few days. They've been very helpful to me.

Best wishes.
 
Vanilla said:
An unregistered title usually needs an expert to draft the deed of assent. As for fees, although it means one document must be drafted it does also mean that the prior title must be read through in order to do so. Depending on the title deeds this can be a painful and lengthy task.
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Lenghty task indeed . . . my husband was left a property in a will some years back and it was found that there was (what we thought) a small problem with the deeds. The person who left the property to him was not registered on the deeds even though the property belonged to them. It took three years to sort out. Is this the average lenght of time it takes?
 
Ireland.1 said:
Lenghty task indeed . . . my husband was left a property in a will some years back and it was found that there was (what we thought) a small problem with the deeds. The person who left the property to him was not registered on the deeds even though the property belonged to them. It took three years to sort out. Is this the average lenght of time it takes?
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Its impossible to say. The most telling part of your post though is that "The person who left the property to him was not registered on the deeds even though the property belonged to them." Can you see the inherent problem with that ? They'd never dealt with the title and so, it was down to the beneficiary to sort it out, if they wanted to.

Three years is normal as, presumably, it was a long possession case.

mf
 
Thanks MFI for your reply. I see what you’re saying. At the time the said house was lying idle.

Would it have been possible for someone to claim possession of the property at the time?

Or could the will have being seen as null and void only for the Solicitor having sorted the problem out?

Sorry for the questions.

 
I am in the same position as 1dave321.His simple question does not seem to have been answered.I have personal probate completed for my deceased mother who died intestate and would also like to know how much approx. would a solicitor charge for doing a deed of asscent only.Would appreciate any help and find askaboutmoney an excellent site.Kind Regards.
 
Hi DK123

In case it helps - In Sept 2009 these were our costs.

Solicitor costs - Preparation of Deed of Assent & Family Home Declaration €212 (incl VAT)
Commissioner fees on Family Home Declaration €12
Registry of Deeds - Registration of Deed of Assent €50

Total €274
 
Many Thanks,1dave123.This is precisely the info that i wanted and helps tremendously.If its possible can you give me contact for this solicitor as i may also use him/her.Best Wishes.DK
 
Hi DK123. The solicitor used was Margetson & Greene in Baggot Street. I'm thinking though that most solicitors would be able to do this so it might be worth checking around.
 
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