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Deed of confirmation

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  • 18-02-2015 1:30pm
    #1
    Registered Users Posts: 7


    My gf is applying for mortgage in her name. I gifted her and have signed a gift disclosure letter provided by bank. Just want to clarify who needs to be present when I sign a deed of confirmation. On a deed of confirmation there is spaces for signature of witnesses & witnessing solicitor. I don't have a solicitor and have a good handle on the legalities...is a solicitor working at the same 'firm' suitable - as an independent solicitor?


Comments

  • Registered Users Posts: 9,793 ✭✭✭antoinolachtnai


    Is the issue whether independent legal advice is required, as much as who needs to be in the room?

    I think this might be the relevant rule though I am not certain:

    http://conveyancinghandbook.lawsociety.ie/App07/A7-13.pdf

    at point 14.

    It looks like it might not be absolutely necessary to have independent legal advice, but it would be a very good idea and I would suggest doing so.


  • Registered Users Posts: 7 Eh?


    Just who needs to be in the room. Its a pretty straightforward document and plenty of legal info online.


  • Registered Users Posts: 9,793 ✭✭✭antoinolachtnai


    Does it say 'independent solicitor' anywhere?


  • Registered Users Posts: 10,339 ✭✭✭✭Marcusm


    Not relevant to the net question but have you taken tax advice on the CAT implications if you are unmarried?


  • Registered Users Posts: 92 ✭✭DrBass


    Sounds like PTSB - You need to sign it in the presence of a solicitor, or ask ur GF's solicitor to create a waiver that allows him to sign it without you being there.


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  • Registered Users Posts: 484 ✭✭Eldarion


    Marcusm wrote: »
    Not relevant to the net question but have you taken tax advice on the CAT implications if you are unmarried?

    This one is important. You're effectively strangers in the eyes of the revenue so I think your CAT exemption threshold for gifts is gonna be something tiny.

    Edit: Nevermind, it's actually €15k which isn't that small at all.


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