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Deed Of Sale Of Inherited Property

Deed Of Sale Of Inherited Property Template for Ireland

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Key Requirements PROMPT example:

Deed Of Sale Of Inherited Property

"I need a Deed of Sale of Inherited Property to sell my late father's house in Dublin that I inherited as sole beneficiary, with completion planned for March 2025; the property has an existing tenant who will remain after the sale."

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Document background
The Deed of Sale of Inherited Property is a specialized legal document used in Ireland when selling property that has been inherited through a deceased estate. This document is essential when executors, administrators, or beneficiaries of an estate wish to sell inherited property to a third party. It must address both the inheritance aspects (including confirmation of the vendor's right to sell through proper probate documentation) and standard property sale requirements under Irish law. The deed includes specific provisions relating to inheritance tax clearance, succession law compliance, and standard property transfer warranties. It's particularly important that this document type includes additional declarations and warranties not found in standard property sales, specifically relating to the inherited nature of the property and compliance with Irish succession law.
Suggested Sections

1. Parties: Identification of the Vendor (executor/administrator/beneficiary) and Purchaser with full legal names and addresses

2. Background: Recitals establishing the chain of ownership through inheritance, including details of the deceased's will or intestacy, and grant of probate/letters of administration

3. Definitions: Defined terms used throughout the deed, including specific inheritance-related terminology

4. Property Details: Comprehensive description of the property being sold, including folio numbers and boundaries

5. Proof of Title: Confirmation of vendor's right to sell through inheritance and clean title declaration

6. Consideration: Purchase price and payment terms, including deposit arrangements

7. Vendor's Covenants: Standard warranties about property ownership, inherited rights, and absence of encumbrances

8. Completion Requirements: Specific requirements for completion of sale, including necessary inheritance documentation

9. Tax Declarations: Statements regarding inheritance tax clearance and capital gains tax obligations

10. Execution Provisions: Format for signing and witnessing the deed as required by Irish law

Optional Sections

1. Co-Beneficiary Consent: Required when there are multiple beneficiaries to the inherited property

2. Existing Tenancies: Details of any existing tenancies that will transfer with the property

3. Family Home Protection: Required if the property was the deceased's family home and spouse/civil partner consent is needed

4. Foreign Asset Declarations: Required if the deceased owned property in other jurisdictions

5. Mortgage Details: Required if there is an existing mortgage to be discharged from the estate

6. Planning Compliance: Detailed planning history if there were recent modifications to the property

7. Special Conditions: Any unique circumstances affecting the sale of the inherited property

Suggested Schedules

1. Schedule 1 - Property Description: Detailed property description including maps, boundaries, and registered title details

2. Schedule 2 - Grant of Probate: Copy of Grant of Probate or Letters of Administration

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

4. Schedule 4 - Last Will and Testament: Copy of the deceased's will (if applicable)

5. Schedule 5 - Tax Clearance Certificates: Inheritance tax and capital gains tax clearance certificates

6. Appendix A - Property Plans: Maps, floor plans, and other relevant property drawings

7. Appendix B - Title Documents: Copies of relevant title documents and land registry entries

8. Appendix C - Planning Documentation: Copies of relevant planning permissions and certificates

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Clauses
Title Transfer
Inheritance Rights
Property Description
Purchase Price
Payment Terms
Probate Verification
Tax Compliance
Representations and Warranties
Capacity to Sell
Estate Administration
Property Condition
Encumbrances
Completion Requirements
Risk and Insurance
Vacant Possession
Planning Compliance
Title Covenants
Succession Rights
Registration Requirements
Execution and Delivery
Governing Law
Notices
Further Assurance
Entire Agreement
Severability
Costs and Expenses
Survival of Terms
Force Majeure
Relevant Industries

Real Estate

Legal Services

Financial Services

Banking

Property Development

Estate Agency

Probate Services

Conveyancing Services

Relevant Teams

Legal

Real Estate

Property Management

Probate

Conveyancing

Tax Advisory

Estate Administration

Title Research

Document Processing

Relevant Roles

Property Lawyer

Conveyancing Solicitor

Estate Administrator

Probate Specialist

Real Estate Agent

Property Manager

Legal Executive

Title Research Specialist

Estate Planning Attorney

Tax Advisor

Property Law Partner

Probate Court Official

Land Registry Officer

Industries
Succession Act 1965: Primary legislation governing inheritance in Ireland, establishing rules for succession and the administration of estates
Capital Acquisitions Tax Consolidation Act 2003: Deals with inheritance tax and gift tax implications of property transfer from deceased estates
Land and Conveyancing Law Reform Act 2009: Modernized law relating to the conveyancing of land and property transfers in Ireland
Registration of Title Act 1964: Governs the registration of property titles in Ireland and the procedures for transferring registered land
Stamp Duties Consolidation Act 1999: Covers stamp duty requirements on property transfers and documentation
Civil Law (Miscellaneous Provisions) Act 2011: Contains various provisions affecting property transactions and legal documentation
Family Law Act 1995: Relevant for inherited property sales where family rights or interests may be involved
Capital Gains Tax Acts: Governs the tax implications of property disposal, including inherited property
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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