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Deed Of Sale For Deceased Owner Template for Ireland

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Key Requirements PROMPT example:

Deed Of Sale For Deceased Owner

"I need a Deed of Sale For Deceased Owner for a residential property in Dublin, where I'm acting as executor under a grant of probate issued January 2025, with the sale scheduled for March 2025; the property has a sitting tenant whose lease needs to be addressed in the deed."

Document background
The Deed of Sale For Deceased Owner is a specialized legal instrument used in Ireland when transferring property from a deceased person's estate to a new owner. It is required when the registered owner of a property has passed away and their personal representative needs to effect a sale. The document must comply with Irish succession law, property law, and conveyancing requirements, including those set out in the Succession Act 1965 and the Land and Conveyancing Law Reform Act 2009. This deed differs from a standard property transfer deed as it must include additional provisions regarding the personal representative's authority, details of the grant of probate or letters of administration, and specific warranties relating to the deceased's estate. It's crucial for ensuring clear title transfer and protecting both the purchaser's interests and the personal representative's position when administering the estate.
Suggested Sections

1. Parties: Identification of the Vendor (Personal Representative/Executor/Administrator of the deceased's estate) and the Purchaser

2. Background: Recitals including death of original owner, grant of probate/letters of administration, authority to sell, and brief property description

3. Definitions: Definitions of key terms used in the deed including 'Property', 'Deceased', 'Grant of Probate/Letters of Administration', 'Completion Date'

4. Sale Agreement: Core terms of the sale including price, payment terms, and completion arrangements

5. Title and Capacity: Vendor's confirmation of authority to sell and statements regarding title derived from deceased owner

6. Property Details: Detailed description of the property being sold and any included fixtures and fittings

7. Vendor's Warranties: Warranties regarding title, deceased's estate, and property condition

8. Purchaser's Acknowledgments: Purchaser's confirmations regarding property inspection and acceptance

9. Completion Requirements: Specific requirements for completion, including delivery of documents and keys

10. Execution: Formal execution clause and attestation requirements for a deed

Optional Sections

1. Incumbrances: Details of any existing mortgages, charges or other incumbrances affecting the property - include if any such burdens exist

2. Deceased's Will Provisions: Relevant provisions from the deceased's will affecting the sale - include if specific will terms impact the sale

3. Beneficiary Consents: Confirmation of consent from beneficiaries - include if required by will terms or for estate administration

4. Planning Compliance: Statements regarding planning permission and compliance - include if there are specific planning issues

5. Tenancies: Details of any existing tenancies - include if property is subject to tenancies

6. Tax Clearance: Confirmations regarding tax clearance from Revenue - include if specific tax issues exist

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the property including folio number, boundaries, and maps

2. Schedule 2 - Grant of Probate/Letters of Administration: Copy or details of the grant of probate or letters of administration

3. Schedule 3 - Death Certificate: Copy of the death certificate of the deceased owner

4. Schedule 4 - Fixtures and Fittings: Detailed list of included and excluded fixtures and fittings

5. Appendix A - Title Documents: Copies of relevant title documents and searches

6. Appendix B - Planning Documentation: Copies of relevant planning permissions and certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses



























Relevant Industries

Real Estate

Legal Services

Banking and Finance

Property Development

Estate Administration

Conveyancing

Probate Services

Property Investment

Public Sector - Land Registry

Professional Services

Relevant Teams

Legal

Real Estate

Conveyancing

Property Management

Compliance

Risk Management

Document Processing

Title Services

Estate Administration

Client Services

Relevant Roles

Solicitor

Conveyancing Lawyer

Estate Administrator

Property Lawyer

Probate Specialist

Legal Executive

Real Estate Agent

Property Manager

Title Officer

Estate Planning Advisor

Property Investment Manager

Legal Counsel

Compliance Officer

Real Estate Transaction Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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