Rights of a Legal Personal Representative in an estate without a will - can they take it all?

billballsac · 15-03-2022 3:26pm #1

Myself and brother signed my sister on as Legal Personal Representative in the estate of my deceased father a year ago (basically just the family home). As siblings, we had a verbal agreement that we'd split the estate equally and she would buy us out of our shares and take ownership of the family home.

Since then, my sister has indicated that she would like to change the split that we are all getting. However, we still need to have a family meeting to talk about this and I'm trying to understand the situation better and my legal standing before sitting down with them.

My question is - after we signed her on as Legal Personal Representative, could my sister have subsequently taken ownership/deeds of the house without any further legal input from the other siblings? I live abroad and have not been asked to sign anything since singing the Legal Personal Representative form a year ago but am starting to wonder if she is already the legal owner of the house. Is this possible? It's been hard to figure this out online.

Thanks for your input.

PJ2022 · 15-03-2022 3:35pm

Hi,

No your sister as legal personal representative can't simply take ownership of the estate. Her role is merely to administer the estate in accordance with the will or in your case by the rules of intestacy.

Probably best to see what she has in mind in terms of the split, but you will all probably need legal advice and help from a solicitor if she is complicating matters, there's tax implications to consider also.

Victor · 15-03-2022 3:36pm

You can search the history of the property, there is a small fee. https://www.landdirect.ie/

It is possible that recent transactions won't show.

Claw Hammer · 15-03-2022 3:48pm

https://www.boards.ie/discussion/comment/118788714#Comment_118788714

Not every property is registered!

phildub · 16-03-2022 12:16am

https://www.boards.ie/discussion/comment/118788814#Comment_118788814

If she had the deeds signed over to herself it would be compulsorily registered, if nothing is showing up in the registry of deeds or land registry then she does not have title.

You should be able to the solicitor who assisted you take out the grant to advise you on your options as LPR

Claw Hammer · 16-03-2022 12:41pm

https://www.boards.ie/discussion/comment/118791525#Comment_118791525

It would depend on when it happened, if ever. There has only been universal compulsory registration since 2011. It is not stated by the o/p as to how she acquired an interest in the property, if at all. She may have been a joint owner, inherited under a will or stayed in possession after an intestacy. Whatever happened, the estate as some interest in the house, whether registered or not.

phildub · 16-03-2022 1:18pm

https://www.boards.ie/discussion/comment/118792893#Comment_118792893

We know from the facts that it's a situation from a year ago and he is worried she has since acquired title, in order to do this she would have been subject to compulsory registration.

Claw Hammer · 16-03-2022 3:52pm

Registration is only compulsory for a conveyance or assignment/ grant on sale. There hasn't been a sale oif the property here. What might be happening is that the sister tried to register herself as owner and the Land Registry or the solicitor she engaged objected to registering her as sole owner thus provoking the request for a different split of the estate.

Rights of a Legal Personal Representative in an estate without a will - can they take it all?

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