Oireachtas Joint and Select Committees
Tuesday, 2 July 2024
Joint Oireachtas Committee on Justice, Defence and Equality
Seller’s Legal Pack for Property Buyers Bill 2021: Discussion
4:00 pm
Mr. Patrick Davitt:
Where probate has not been granted it is slightly trickier than it is with an ordinary sale where someone is just selling a property. Obviously, the probate office is involved and it is involved from the point of view of getting the probate for the property and the executors are the other side of it. They are actually going to get the property and they are going to sell them. From that point of view, the solicitor is acting for the executors of that property. In that situation, you would imagine the executors are going to pay the solicitors for doing their work because they are going to get paid from the estate. I am not informed enough on the legal end of it to know anything different but that is what I would imagine.
At the moment, we recommend to our members that they do not take a property that is in probate and put it on market. We recommend that to our members. I am not saying that all our members actually follow the advice but that is what we recommend. Until such time as the probate comes out for that property we say to our members do not put on the property on the market. In terms of who pays who at the end of the day, I would imagine the estate pays the solicitors but I cannot-----
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