Navigated to Ep 33: What's The Story with Probate and Conveyancing in Ireland? - Transcript

Ep 33: What's The Story with Probate and Conveyancing in Ireland?

Episode Transcript

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I'll get spot to a rash to the Crazy House Prices podcast, the podcast where I help you buy your own home, get your finances in order and generally help you adults a bit better.

Plus, I throw in some what I like to think is sharp commentary and analysis on the absolute chaos that is the Irish housing system.

I'm your host, Ciarán Mulqueen, and today in episode 33, I'm diving into what might be the most boring sounding topic in housing, but one that could actually speed up home sales, unclog supply and save you thousands in legal fees.

So I am talking about probate and conveyancing, but stick with me.

If you've ever had a home sale delayed because of paperwork or you've been through the nightmare of sorting out an estate after a loved one's death, this episode is for you.

So please do share it with a family member or a friend.

You'll be doing them a real favor.

So this episode is specifically in relation to an expert group I was part of back in 2024 that was tasked with coming up with solutions for the housing problems and delays in both probate and conveyancing.

Now I say expert group, there were experts on the group.

I am obviously not an expert.

I was probably the dumbest person in the room, but that's no bad thing in my opinion.

You never want to be the smartest person in the room because then you're not learning.

Look, it's not a glamorous topic, but it is very important.

So I will run through exactly what probate and conveyancing are, the problems around them, and what the government should do.

Let's start with the basics.

Conveyancing is the legal process of transferring ownership of a property.

And probate is the process of dealing with someone's estate after they die with or without a will.

Both of these processes can be really long, complex, and very frustrating, especially when they hit roadblocks.

and the problems with them are holding back thousands of homes from being bought and sold every year.

So in Ireland, at the time of the panel's meetings in 2024, conveyance was taken around about, on average, kind of nine and a half to 20 weeks.

So that's obviously a long time.

And a big part of the problem is how paper-based and outdated the whole system is.

Most documents still require wet signatures.

So that means actual ink on actual paper, which slows things down and introduces a risk of delays, errors, or documents go missing.

Another huge issue is that key information about a home, things like planning permissions, boundary info, or whatever the roads are maintained by the council.

These kind of things, often these things aren't available until very late in the process.

So when problems arise at that stage, then sales can just collapse entirely.

Add to the fact that banks have really inconsistent requirements and timelines for mortgage approvals.

And basically when you put all that together, you've just got a system full of delays and stress.

So here's what we recommended as the expert group.

So first was to set a national target to complete conveyancing in eight weeks.

So this gives everyone, so solicitors, estate agents, local authorities and banks something to aim for.

Then we said to push hard for digital transformation.

So a national e-conveyancing system should be up and running by 2027.

This would allow all parties to access a shared online portal, track progress in real time and use digital signatures.

To make that possible, laws need to be updated.

So digital signatures are loud instead of wet, wet signatures on paper.

And then also online payments are also essential.

So no more like checks in the post are still a thing, believe it or not.

We also suggested that local authorities and banks must be required to respond to information requests within reasonable timeframes and to be held accountable if they don't.

We also called for a public awareness campaign to help buyers and sellers understand how the process works, what they need to do and how to avoid delays.

Basically, my Instagram page and my podcast.

And finally, we proposed a conveyancing reform oversight group, a permanent body to track implementation, coordinate changes, and keep the pressure on.

One other big issue that often flies under the radar, about 300,000 properties in Ireland are still unregistered in the land registry.

That means solicitors are relying on physical title deeds and paper trails, which can take weeks to locate and verify, if not months.

So I do believe we need a national effort to register these titles.

Faster access to title information means faster conveyancing, fewer delays, and fewer failed sales.

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Now, back to the podcast.

Now let's talk about probate.

The process is even slower than conveyancing, averaging around about 18 to 20 weeks in 2024 when we were doing the panel and with some cases dragging on for years and years and years, some decades, which is absolutely insane.

The system is still heavily manual.

Their IT systems in the probate office are very old and there's also a chronic shortage of experienced staff.

There's no real way to check your application status and there's no formal.

Expedite process unless you go to the high court, which is obviously expensive and slow.

These delays, they don't just affect grieving families.

They're also keeping homes off the market and worsening the housing crisis.

So the expert group's main recommendation was to reduce the average time to complete probate to eight weeks.

And to get there, we suggested a full rollout of the e-probate system.

This is due to go live mid 2025.

So around now, which will digitize applications and let applicants track progress online.

This would be a really simple win, like would just be like a public tracking system.

So like tracking your package when you're getting something delivered.

So it just means you're not left in the dark.

We also suggested reopening the seat office where solicitors can get applications checked on the spot, catching errors before they delay things for months.

So a seat office used to be in place and this is where solicitors could drop off applications and get really quick feedback in person.

And that cuts down on errors before the paperwork has to go into the system.

We suggested creating a proper expedite channel for urgent cases or allowing partial probate so house sales can go through even if the rest of the estate isn't sorted.

So basically the money sits with the solicitor, but the people buying the house can just go ahead and buy the house.

I think that would make a massive difference.

We suggested better training and staffing for the probate office to reduce error rates.

And we suggested a clear official information campaign to help people understand exactly what probate is, how it works and what they need to prepare.

Like people think you have to do probate through a solicitor, you don't.

You can actually do it yourself.

So in terms of progress since then, I reached out to the chair of the group for an update and here's what I was told.

So since the report was approved by government in July 2024.

A new implementation group has been formed and they've already met a good few times.

They've set up subgroup and they've made some really serious progress.

So a new public info pack for homebuyers is nearly ready and a best process practice charter for estate agents, surveyors and solicitors is being finalized.

Delays from local authorities and banks are being tackled.

A new law is coming in to allow digital signatures and early scoping has started for the full national e-conveyancing system.

Meanwhile, the court service is progressing well with the e-probate system.

I reached out to my Instagram audience for feedback on current probate timelines and I heard from many that probate times are actually already improving.

So most straightforward cases seem to be getting done in and around eight weeks.

One person even got theirs in four weeks.

So that's tremendous progress.

So why does all this matter?

Well, these changes will make a huge difference, not just for buyers and sellers, but for the whole housing system overall.

Faster probate means fewer homes sitting empty.

Faster conveyancing means fewer failed sales, more efficient transactions, and just less stress for everyone involved.

One last thing, please share this episode with someone who's going through a house sale or dealing with a probate nightmare, or generally just anyone trying to buy a home in Ireland.

Ratings, reviews and shares help this podcast massively and they don't cost you a cent.

Even though on Spotify you can leave comments on podcasts, which I only learned last week.

August, Sine Lae on episode shut off the Crazy House Prices podcast.

A nice quick one.

If you're enjoying the podcast or the Instagram and want to support what I do, head over to patreon.com forward slash crazy house prices.

Your support helps keep everything going and gives you access to bonus content like detailed Q&As where I answer every single question sent in.

Plus you can tap into the knowledge of over 112,000 followers and ask the kind of real-life housing questions that Google just can't answer.

My book, How to Buy a Home in Ireland, is available nationwide, or you can rent it from your local library for free.

Just Google it and you'll find it somewhere.

I hope you found this episode helpful.

You can always get in touch with me on Instagram or email me if you have questions or suggestions.

Let's keep pushing for these changes and make the system work better for everyone.

Anyway, I will chat to you all soon.

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