S.I. No. 230/1972 - Land Registration Rules, 1972

(Heading as in Form 11)

Transfer dated the day of 19 . In consideration of A.B., the registered owner, hereby transfers all the property described in folio of the register County to C.D., and E.F.

The address in the State of the transferees for service of notices and their description are—

It is hereby certified, etc, (a).

(Execution as in Form 19)

NOTE (1)—This Form should be used when it is intended that the property shall vest in the survivor of the transferees.

NOTE (2)—Where there is money consideration for the transfer a receipt clause should be incorporated in the transfer.

NOTE (3)—See Note (1) to Form 19.

• (a) See Note (3).

FORM 27

Transfer of freehold property to two persons who are trustees for sale (rules 52, 69, 71)

(Heading as in Form 11)

Transfer dated the day of 19 . In consideration of

(Execution by the parties as in Form 19)

NOTE (1)—The trusts of the purchase money and of the property pending the sale should be declared by a separate deed to be retained by the trustees.

NOTE (2)—This Form may be used with an appropriate inhibition for the transfer of property by the personal representative of an owner to the trustees of a will, or for a transfer to trustees on any trusts. For inhibition see Form 88 and rule 137.

NOTE (3)—See Note (2) to Form 26.

NOTE (4)—See Note (1) to Form 19.

• (a) See section 68 of Settled Land Act, 1882, and section 6 of Settled Land Act, 1884.

• (b) See Note (4).

FORM 28

Transfer of freehold property to two persons as tenants in common (rules 52, 67, 69)

(Heading as in Form 11)

As in form 26 adding after the letters "E.F." the words "as tenants in common in equal shares (or, in the following shares, as to C.D., two thirds, and as to E.F., one third, or, as the shares may be)".

NOTE (1)—This form should be used when the intention is that on the death of each transferee, his share shall devolve on his personal representative.

NOTE (2)—See Notes to Form 26.

FORM 29

Transfer of freehold property by a registered owner creating rights in favour of himself and others (rules 52, 69)

(Heading as in Form 11)

Transfer dated the day of 19 . In consideration of , A.B., the registered owner, hereby transfers all the property described in folio of the register County to C.B., (a) subject to the following rights therein and thereover—

1.—(b) The right of A.B. and E.B., his wife, during their respective lives to the exclusive use and occupation of (insert particulars of the part of the property that the parties are to be exclusively entitled to during their lives, e.g., an exclusive use of a field or haggard. As regards an exclusive right of residence in a room or rooms, however, see note (1) ).

3.—(d) A power for A.B., or his personal representative to charge the property with such sum or sums, not exceeding in all £ , as he may be called on to pay and shall pay within six years from the date hereof in discharge of any debts due by A.B., at that date.

5.—(e) C.B., hereby assents to the registration of the rights specified in paragraphs 1, 2, 3 and 4, hereof as burdens on the property (and hereby assents to the entry of the following inhibition : No registration under any disposition for value by the registered owner of the property specified in clause 1 hereof is to be made during the lives of A.B. and E.B. without their consent or the consent of the survivor of them).

(Execution by A.B., and C.B., as in Form IT> 19).

NOTE (1)—A general right or exclusive right of residence on property will be registered as a burden—Section 81 of the Act. Otherwise, an exclusive right to the use and possession of specified property is a trust which cannot be registered as a burden (section 92 of the Act). It must be protected by inhibition (rule 68).

NOTE (2)—A general charge for payment of debts should not be created. Where desired, a personal covenant by the transferee with the transferor for payment of the debts may be inserted.

NOTE (3)—See Note (2) to Form 26.

NOTE (4)—See Note (1) to Form 19.

• (a) See Note (1):

• (b) See Note (1): omit where the general right of residence in clause 2 is given.

• (c) See Note (1): omit if clause 1 is inserted.

• (d) See Note (2).

• (e) See Rule 103.

• (f) See Note (4).

FORM 30

Settlement of freehold property by a registered full owner on the marriage of his child (rules 52, 69)

(Heading as in Form 11)

Settlement made the day of 19 , on an intended marriage between B. and C. In consideration of the marriage

(and of ) A., the registered owner, hereby transfers all the property described in Folio of the register County to E. and F. (herein called the trustees) to the use of A. until the marriage, and thereafter upon the trusts and uses following—

£ , the said sum to be raised and applied as follows: (insert terms relative to the time for raising the money, and for the application of it when raised by the charge).

The address in the State of B. for service of notices and his description are—

(Execution by A. and B. and the trustees as in Form 19).

NOTE (1)—The clauses in italics are illustrative only. The Form may be adapted to any uses or trusts by inserting after the words "thereafter upon the trusts and uses following" paragraphs stating the trusts agreed on. A book of precedents should be consulted.

NOTE (2)—See Note (2) to Form 26.

NOTE (3)—See Note (1) to Form 19.

• (a) See Note (3).

FORM 31

Transfer by a registered full owner of a leasehold interest (rules 52, 69)

(Heading as in Form 11>)

Transfer dated the day of 19 . A.B., the registered owner, in consideration of hereby transfers all the leasehold interest described in folio of the register County to C.D. The address in the State of C.D., for service of notices and his description are—

It is hereby certified, etc. (a)

(Execution as in Form 19)

NOTE (1)—Where desired, the usual covenants by an assignee for payment of the rent and performance of the covenants in the lease may be inserted.

NOTE (2)—The preceding Forms of transfer of freehold property may be adapted to similar transfers of leaseholds.

NOTE (3)—See Note (2) to Form 26.

NOTE (4)—See Note (1) to Form 19.

• (a) See Note (4)

FORM 32

Transfer by a registered full owner of a rentcharge (rules 52, 69)

(Heading as in Form 11)

Transfer dated the day of 19 . A.B., the registered owner, in consideration of hereby transfers all the rentcharge described in folio of the register County to C.D.

The address in the State of C.D., for service of notices and his description are—

It is hereby certified, etc. (a)

(Execution as in Form 19)

NOTE (1)—The preceding Forms of transfer of freehold property may be adapted to similar transfers of incorporeal hereditaments of freehold tenure in the register maintained under section 8 (b) of the Act.

NOTE (2)—See Note (2) to Form 26.

NOTE (3)—See Note (1) to Form 19.

• (a) See Note (3)

FORM 33

Application by a local authority to be registered as owner of property vested in it under section 5 of the Small Dwellings Acquisition Act, 1899, section 24 of the Labourers Act, 1936, section 11 (4) of the Housing (Loans and Grants) Act, 1962, or section 39 (5) or 107 (6) of the Housing Act, 1966 (rule 84)

(Heading as in Form 11)

I, A.B., Solicitor to the Corporation of (or, give accurate description of authority) hereby apply for the registration of the said Corporation (or, as the case may be) as full owner of all the property described in

folio of the register County which has been vested in it under section 5 of the Small Dwellings Acquisition Act, 1899, [or, under section 24 of the Labourers Act, 1936, or, under section 11 (4) of the Housing (Loans and Grants Act) 1962, or section 39 (5) of the Housing Act, 1966 , or section 107 (6) of the Housing Act, 1966 )] and I hereby certify that possession of the said property has been obtained by the Corporation (or, as the case may be) under a decree of the Circuit Court (or, order of the District Court) dated the day of 19 , in proceedings in that Court entitled (insert title of proceedings)

Dated the day of 19 .

Signature

FORM 34

Application for registration by a devisee of a registered full owner of freehold property that did not vest in his personal representative (rule 87)

(Heading as in Form 11)

I, A.B,. of make oath and say—

Indentitication of property devised.

or,

All the property described in said folio is included in the residuary devise to me in the will of said owner.

or,

I refer to a statement of E.D., the personal representative of the testator, in which he says that he makes no claim against the property for any sum for payment of the debts and legacies charged thereon that are payable primarily out of the testator's personal estate.

or,

I refer to a statement of E.D., the personal representative of the testator, in which he claims that the personal estate is not sufficient for the payment of the debts and legacies payable primarily out of that estate, but charged also on the property devised to me. The deficiency of the personal estate for these payments is estimated by him at £ . I have by instrument dated the created a power for the personal representative of C.B., to raise out of the property by registered charge such sums, not exceeding in all £ , as may hereafter be ascertained to be necessary to meet the deficiency. I assent to the registration of the power created by said instrument, which accompanies this application, as a burden on the property, (and I apply for an entry in the register inhibiting the registration of any charge created under said power without prior notice to me).

or,

The address of B.D., the personal representative of the testator, for service of notice in respect of the debts and legacies charged on the property devised to me that are payable out of the personal estate is . I claim that the personal estate is sufficient for their payment.

or,

(Besides the debts and legacies payable primarily out of the personal estate that were charged also on the property) the property devised to me is charged by said will with the charges and other burdens set out in the Schedule hereto and I assent to their registration as burdens (except those that are therein stated to be not subsisting).

(Jurat as in Form 1)

Schedule First Part

Particulars of subsisting burden(s) or right(s)	Name of claimant (If an infant or person of unsound mind, that fact to be stated with name of guardian or committee)	Address in the State of claimant (or his guardian or committee)

Second Part

Particulars of burdens not subsisting	Name of claimant (If an infant or person of unsound mind, that fact to be stated with name of guardian or committee)	Documents relied on in proof of discharge of burden

NOTE: If the devisee is a tenant for life or a trustee the terms of his application should be modified in the manner shown in Form 39 or 40 on application for registration by like owners of property that vests in the personal representative.

FORM 35

Notice to the personal representative of a deceased registered full owner of an application for registration by a devisee of freehold property that did not vest in the personal representative of the owner (rule 87)

(Heading as in Form 11)

Sir,

You are hereby given notice that A.B., of ,as devisee of C.D., has applied to be registered as owner of the freehold property described in folio of the register County of which C.D., was the registered full owner.

If you, as the personal representative of C.D., have any claim against the freehold property in respect of the debts or legacies charged thereon by his will but payable primarily out of his personal estate, you are required to notify the Registrar of your claim and of your estimate of the sum, if any, necessary to be raised out of the property in aid of the personal estate.

In default of any claim being made by you within days from the service of this notice, the application will proceed without further notice toyou.

Your reply to this notice should be sent to the Registrar, Land Registry, Chancery Street, Dublin.

FORM 36.

Application for registration by the heir, widow or husband of an intestate registered full owner of freehold property that did not vest in his personal representative (rule 88)

(Heading as in Form 11)

I, A.B., of , make oath and say—

, died intestate on the day of 19 and letters of administration of his personal estate were granted to on the day of (or, if no representation has been raised, refer to the evidence of death and intestacy relied on).

or,

I am the husband of the said C.D. having had issue by her capable of inheriting her freeholds.

or,

I am the widow of the said C.D. who died leaving no issue, and the net value of his real and personal estate does not exceed £4,000 (where the death occurs before 1st June, 1954. £500). I refer to the evidence in proof thereof that accompanies this application.

(Jurat as in Form 1)

NOTE—If the applicant is the personal representative and widow of the registered owner who died leaving no issue and the net value of his real and personal estate did not exceed £4,000 (where the death occurs before 1st June, 1954, £500) the reference to proof of the amount of the property in paragraph 2 may be omitted.

FORM 37

Assent by personal representative to a devise to another entitled thereto in the case of death before the 1st June, 1959 (rule 89)

(Heading as in Form 11)

I, A.B., of

make oath and say—

or,

All the property described in said folio is included in the residuary devise to E.F., in the will of the said owner.

or,

The general personal estate of the said owner is not sufficient to discharge in full his funeral and testamentary expenses and debts (and the legacies charged on his real and personal estate for which his general estate is primarily liable). The sum raiseable out of the property described in the said folio to provide for the deficiency is £ , (or, is estimated by me at a sum not exceeding £ ), and by instrument of charge dated the day of 19 , I have created a charge on the property to secure my liabilities as personal representative of C.D., to the extent of the said sum (a)

or,

No person is entitled under the will to any burden or other right in, to, or over the property except the devisee.

(Jurat as in Form 1)

• (First) Schedule (where necessary)

(To contain a description of the part of the property in the folio that was devised, identifying it by reference to a map drawn on the current largest scale published by Ordnance Survey unless the part can be identified on the registry map from the verbal description)

• (Second) Schedule (where necessary)

• (c) First Part

Particulars of subsisting burden(s) or right(s)	Name of claimant in will (Where an infant, or person of unsound mind, that fact with name of guardian or committee to be stated)	Address in the State of claimant (or, where an infant or person of unsound mind, of his guardian or committee)

Second Part

Particulars of burden(s) or right(s) not subsisting	Name of claimant in will (Where an infant or person of unsound mind, that fact to be stated with name of guardian or committee to be started)	Address in the State of claimant (or, where an infant or person of unsound mind, of his guardian or committee)

It is hereby certified, etc., (d).

NOTE (1)—See section 87 (1) of the Registration of Title Act, 1891. When it is necessary to create a charge to provide for a deficiency in the personal estate, an instrument of charge must be executed, stamped and lodged with the assent. See Form 69. But in such a case the transaction can best be carried out by a transfer in Form 43 instead of a transfer and an instrument of charge. This charge should only be created when the personal estate is insufficient to discharge the debts and the legacies (if any) charged on both the real and personal estate for which the personal estate is primarily liable.

NOTE (2)—If the devise is to trustees on trusts that do not constitute a settlement under which a limited owner may be registered, the personal representative must assent to the registration of the trustee devisees as full owners with an appropriate inhibition; he cannot assent to the registration of a beneficiary under the trust. If a beneficiary under the trust is to be registered the transaction may be carried out by a transfer from the personal representative and trustees in Form 44.

NOTE (3)—Where the assent is executed after 9th March, 1965 (i.e. the date of passing of the Land Act, 1965 ) the relevant certificate(s) required by section 45 of the Act should in appropriate cases be inserted.

• (a) See Note (1).

• (b) See Note (3)

• (c) this Schedule is only to be divided into parts where some of the burdens have been discharged and some subsist.

• (b) See Note (3).

FORM 38

Application by a devisee entitled for registration as full owner of property on the assent of the personal representative in the case of death before the 1st June, 1959 (rule 89)

(Heading as in Form 11)

(See Form 88)

Dated the day of 19 .

(To be signed by the applicant and his signature attested. If not attested by a Solicitor, an affidavit by the attesting witness may be required).

NOTE—On registration of the devisee, notice of his application may be sent to every person having a burden or right that is not stated in the assent to have been discharged or satisfied or to have terminated, unless the consent of such person to the registration applied for accompanies the application or its registration is assented to—rule 93.

FORM 39

Application by a devisee entitled as tenant for life, or as having the powers of a tenant for life, for registration as limited owner on the assent of the personal representative in the case of death before the 1st June, 1959 (rule 89)

(Heading as in Form 11)

or,

• (a) I have set out in the Schedule hereto particulars of all the charges, burdens, or rights created by the will of C.D., on the said property that have priority to the uses and trusts of the settlement created by the said will, and I assent to their registration as burdens on the property (except those of them stated in the assent of the personal representative to have been discharged or satisfied or to have terminated) and I assent to the following inhibition being entered on the folio for the protection of the said unregistered rights. (See Form 88).

Dated the day of 19

(Execution as in Form 38)

Schedule

Particulars of all burdens and/or rights created by the will that rank in priority to the settlement in it	Name of claimant in the will

• (b) Consent of trustees of the settlement (to be endorsed on the application)

We, G.H., and I.J., the trustees of the settlement created by the will of C.D., hereby assent to the registration of E.F., as limited owner of the property within referred to and to the registration as burdens thereon of those burdens to the registration of which as burdens on the propery he has within assented and to the registration of the inhibition to which he has within assented. Our address in the State for service of notices is—

Dated the day of 19 .

(Execution as in Form 38)

NOTE (1)—The only burdens that should be entered in the Schedule to the application are the burdens created by the will that would not be over-reached on a sale by the limited owner under the Settled Land Acts. See Settled Land Act, 1882, section 20 (2). Charges under the will that form part of the settlement, i.e., burdens that would be over-reached by a sale by the limited owner under the Settled Land Acts, may be registered on the limited estate of the owner, where they affect it. They cannot be registered as burdens on a subsequent estate in the settlement until that estate vests in possession.

NOTE (2) Where there are no trustees of the settlement (as defined in section 95 (1) of the Registration of Title Act, 1891) the executors proving the will are trustees thereof, and can give the necessary consent to the registration of the limited owner— section 26 of the Registration of Title Act, 1942 .

NOTE (3)—Application for registration of a limited owner may also be made by the trustees of the settlement. If they apply, this Form is to be used with the necessary modifications, notice being given to the limited owner.

• (a) See Note (1).

• (b) See Note (2).

FORM 40

Application by trustee devisees for registration as full owners of property on the assent of the personal representative in the case of death before the 1st June, 1959 (rule 89)

(Heading as in Form 11)

or,

As in alternative clause in Form 39, paragraph 2, substituting the words "the trust on which we hold" for the words "the uses and trusts of the settlement created by the said will".

Dated the day of 19 .

(Execution as in Form 38)

(Schedule, where necessary, as in Form 39)

FORM 41

Application by a person entitled as sole devisee for registration as owner of property that is vested in him as sole personal representative in case of death before the 1st June, 1959 (rule 89)

(Heading as in Form 11)

I, A.B., of make oath and say

• (a) See Note.

(Jurat as in Form 1)

(Schedule(s), where necessary, as in Form 37).

NOTE—The modifications and additions from Form 39 referred to in paragraph 3 are to be adopted when applicant is entitled as sole limited owner.

FORM 42

Application by one or more personal representatives to whom property is devised upon trust for sale or other trusts requiring his/their registration in the case of death before the 1st June, 1959 (rule 89)

(Heading as in Form 11)

I/We

of make oath

and say—

or,

All the property described in the said folio is included in the residuary devise to me/us in the will of the said owner.

or,

I/We have set out in the Schedule (or, the Second Schedule hereto) particulars of all the charges, burdens, and rights created by the said will on the said property that have priority to the trusts on which I/we hold and I/we assent to their registration as burdens on the said property (except those of them stated therein to have been discharged or satisfied or to have terminated).

(Schedule(s) (where necessary) as in Form 37)

(Jurat as in Form 1)

FORM 43

Transfer of property of a testate registered full owner by his personal representative to a devisee entitled in case of death before the 1st June, 1959 (rule 90)

(Heading as in Form 11)

Transfer dated the day of 19 .

A.B., the personal representative of C.D., the registered full owner, hereby—

1.—(a) Charges all the property described in folio of the register, County with any sums that the personal representative of C.D., is liable to pay.

(Execution as in Form 19)

Schedule

Subsisting burdens and rights under the will of C.D.	Name of person entitled under the will to the burdens or rights (Where an infant or person of unsound mind that fact and name of guardian or committee to be stated)

NOTE (1)—The transfer must be accompanied by an affidavit by the personal representative as prescribed by rule 90 (2). Form 45.

NOTE (2)—See section 87 (1) of the Registration of Title Act, 1891. This charge should only be created where the personal estate is insufficient to discharge the debts, and the legacies (if any) charged on both the real and personal estate, for which the personal estate is primarily liable.

NOTE (3)—This form is to be used with appropriate modifications where the personal representative is transferring to the successor of the devisee entitled or to trustee devises to whom property is devised on trust for sale requiring their registration. The form should in such case include an application for the entry of an appropriate inhibition to protect the trusts on which they hold.

NOTE (4)—This form may be adapted where the personal representative transfers the property to a devisee entitled to be registered as limited owner under the will. In this case the transfer should include recitals in relation to the burdens created by the will to the effect of relevant paragraphs 2 or 3 of Form 39.

NOTE (5)—See Note (1) to Form 19.

• (a) See Note (2).

• (b) See Note (5).

FORM 44

Transfer of property of a testate registered full owner by his personal representative, at the direction of trustee devisees, to a beneficiary who has become entitled under the trusts of the will in case of death before the 1st June, 1959 (rule 90)

(Heading as in Form 11)

Transfer dated the day of 19 .

(Execution by A.B., E.F., and G.H., as in Form 19).

(Schedule (where necessary) as in Form 43).

NOTE (1)—If the executors are also the trustees, the form should be modified accordingly.

NOTE (2)—See Note (1) to Form 19.

• (a) See Note (2).

FORM 45

Affidavit by personal representative (1) of a testate registered full owner relative to burdens or other rights created by the will of the testator in case of death before the 1st June, 1959 (rule 90)

or,

• (2) in the case of property subject to Part IV of the 1891 Act only, in respect of which the registered owner has died intestate, relative to the persons by law entitled to the property on the intestacy in case of death before the 1st June, 1959 (rule 91)

(Heading as in Form 11)

I, A.B., make oath and say—

Testate Owner.

or,

Intestate Owner, see Note.

I have set out in the Schedule hereto the names of all persons who, subject to the liabilities of the intestate, became by law entitled to his property on his death, their relationship to the intestate, and their addresses in the State for services of notices. None of them is an infant or person of unsound mind except where stated in the said Schedule.

(Jurat as in Form 1)

Schedule

Name of claimant under the will or intestacy (where an infant or person of unsound mind, state that fact and name of guardian or committee)	Where owner died testate, the estate, burden or right of claimant under the will; where owner died intestate, the relationship of claimant to owner	Address of claimant in the State (or, where an infant or person of unsound mind, of his guardian or committee)

NOTE—Care should be taken to set out in the Schedule the names of persons who would become entitled under the provisions of the Legitimacy Act, 1931 , and the Adoption Acts, 1952 and 1964.

FORM 46

Transfer of property (subject to Part IV of the 1891 Act) of an intestate registered full owner by his personal representative to the person entitled under the intestacy in case of death before the 1st June, 1959 (rule 91)

(Heading as in form 11)

Transfer dated the day of 19 .

A.B., as administrator of C.D., the registered full owner hereby—

• (a) See Note (1).

• (b) See Note (3).

(Execution as in Form 19)

(Schedule where necessary)

Particulars of burden(s) and/or rights to be registered	Name of person to be registered as owner of burden and his address in the State. (Where an infant or person of unsound mind, that fact to be stated with name of guardian or committee (if any))

NOTE (1)—See section 87(1) of the Registration of Title Act, 1891. This charge should only be created if there are undischarged claims for which the administrator is liable.

NOTE (2)—This form is to be used with the appropriate modifications where the personal representative is transferring to the successor of the person entitled under the intestacy.

NOTE (3)—See Note (1) to Form 19.

FORM 47

Application for registration by a person who is personal representative and who claims to be entitled to property subject to Part IV of the 1891 Act of an intestate owner in the case of death before the 1st June, 1959 (rule 92 )

(Heading as in Form 11)

I, A.B., make oath and say—

or,

The claim of every person in the said Schedule has been satisfied, and I beg to refer to the deed/deeds, particulars whereof are set out in the third column of the said Schedule whereby the several persons entitled as aforesaid have released their respective claims to the property which said deed/deeds accompany this application and (are intended to be filed in the Registry), (or, if the are—

deed/deeds relate to other property in addition to registered land, copies of which deed/deeds are intended to be filed in the Registry).

or,

• (a) As the only child of the said C.D., I am the only person entitled to the assets of C.D.

or,

I am the widow of C.D., who died without leaving issue and the net value of his real and personal estate does not exceed £4,000 (where the death occurred before the 1st June. 1954, £500).

or,

The debts, funeral and administration expenses of C.D., which have been paid by me exceed in amount the value of his assets, and the discharge of such liabilities has left no assets available for distribution amongst the persons entitled thereto.

Schedule

Name of Claimant under the intestacy (where an infant or person of unsound mind state that fact and the name of the guardian or committee)	The relationship of claimant to deceased owner	Address of claimant in the State (or, where an infant or person of unsound mind, of his guardian or committee)

(Jurat as in Form 1)

NOTE—In framing this paragraph regard should be had to the provisions of the Legitimacy Act, 1931 , and the Adoption Acts, 1952 and 1964.

• (a) See Note.

FORM 48

Assent by personal representative(s) to the registration of a person entitled as full owner where a registered owner dies testate on or after the 1st June, 1959 (rule 94)

(Heading as in Form 11)

I/we A.B. of make oath and say:—

See Notes (1). and (2).

(Jurat as in Form 1)

Schedule (where necessary)

Particulars of burdens and/or rights. (It should be stated in the case of each right or burden how it was created, e.g., by will or by deed. The priority in which burdens are to be entered in the register should be clearly indicated)	Name of claimant (Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965, to be stated)	Address in the State of claimant (or where an infant or person of unsound mind, of his guardian or committee or trustee)

It is Hereby certified, etc. (a).

NOTE (1)—Deeds or wills (other than probate of the will of the registered owner) should not be lodged.

It is the responsibility of the personal representative to administer the estate of the registered owner correctly. Such administration is no concern of the Registrar. The effect of all the deeds and wills must be set out correctly in the prescribed Form. See section 61 (3) of the Act and section 54 (2) of the Succession Act, 1965 .

NOTE (2)—See section 20 (2) of Administration of Estates Act, 1959 , and, in cases of deaths after the commencement of the Succession Act, 1965 , section 52 (2) of that Act. Where the property is vested in trustees on trusts that do not constitute a settlement under which a limited owner may be registered, the personal representative should assent to the registration of the trustees as full owners with an appropriate inhibition.

Where the trustees hold the property on trust for sale the appropriate inhibition to be applied for is a restriction against all dealings by the registered owners or the survivors or survivor of them except by way of sale. Where the property is not held on trust for sale, the utmost care should be taken in framing the inhibition to ensure that while no entry should be made which would interfere with the exercise by the trustees of any powers authorised, e.g., powers of sale and charging, the interests of the beneficiaries are adequately protected by the terms of the inhibition. It is not the duty of the Registrar to advise on the suitability or otherwise of any particular form of inhibition nor should the terms of the inhibition be phrased in such a manner as would involve him in an enquiry into the manner in which the trusts are being administered. Normally, the interests of the beneficiaries would be adequately protected by the entry of an inhibition requiring the consent of, or notice to, the beneficiaries or (in the case of infants or persons of unsound mind) their committees or guardians or trustees under section 57 of the Succession Act 1965 .

NOTE (3)— See Note (3) to Form 37.

NOTE (4)—Where the personal representative authorises the registration of a charge for the repayment of a principal sum of money, the interest and terms relating to its repayment should be clearly set out. It must be shown clearly, in the case of such a charge created by deed, when the repayment of the charge may be enforced by the exercise of his power of sale by the registered owner of the charge.

• (a) See Note (3).

FORM 49

Assent by personal representative(s) to the registration of a person entitled as limited owner where a registered full owner dies testate on or after the 1st June, 1959 (rule 94)

(Heading as in Form 11)

I/We A.B. of make oath and say:—

or,

I/We assent to the registration of E.F. as limited owner (subject to the burdens and rights set out in the first and second schedules hereto) and on the determination of his/her estate to the registration of G.H. his wife, as limited owner and on the determination of the estate of the said G.H. to the registration as full owners (as joint tenants or tenants in common in equal shares, as the case may require) of such of the children of E.F. and G.H. as they shall jointly appoint or in default of such joint appointment as the survivor of them shall appoint, and in default of appointment to the registration of all the children of E.F. and G.H. as full owners as tenants in common in equal shares and in default of such children I/we assent to the registration of [here insert name(s) of the person(s) entitled to the estate or interest whether disposed of by the settlement or not]

or,

See Note (6).

as the case may be.

or,

See Notes.

The property is limited to the said E.F. for his own life or, for the life of X.Y. or, as the case may be, with remainder to G.H. his wife for life with remainder to such of the children of E.F. and G.H. as they shall jointly appoint or in default of such joint appointment as the survivor of them shall appoint, and in default of appointment to all the children of E.F. and G.H. as tenants in common in equal shares, and in default of such children the property is limited to [here insert the name(s) of the person(s) entitled to the estate or interest whether disposed of by the Settlement or not]

See Note (6).

or,

as the case may be.

or,

There are no burdens or rights that rank in priority to the settlement.

or,

There are no burdens or rights that affect the limited ownership of E.F.

or,

There are no burdens or rights that affect the interests limited in remainder after the determination of the estate of E.F.

See Note (8).

e.g. (i) He may with this consent of the trustees of the settlement grant leases for any purpose, and for any term at a rent which need not necessarily be the best rent that can reasonably be obtained.

• (ii) He may etc. (here set out in separate paragraphs other powers conferred on the limited owner by the settlement in extension of those conferred on him by the Settled Land Acts 1882 to 1890).

(Jurat as in Form 1)

First Schedule (where necessary)

Particulars of burdens and/or rights ranking in priority to the settlement (It should be stated in the case of each right or burden how it was created, e.g., by will or by deed. The priority in which burdens are to be entered in the register should be clearly stated)	Name of claimant ( Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965, to be stated)	Address in the State of claimant (or, where an infant or person of unsound mind, of his guardian, committee or trustee)

Second Schedule (where necessary)

Particulars of burdens and/or rights affecting the limited ownership (It should be clearly stated in the case of each right or burden how it was created, e.g. by will or by deed. The priority in which burdens are to be entered in the register should be clearly stated)	Name of claimant ( Where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965 , to be stated)	Address in the State of claimant (or, where an infant or person of unsound mind, of his guardian, committee or trustee)

Third Schedule (where necessary)

Particulars of burdens and/or rights affecting the remainder interest (if successive remainder interests, the burdens or rights on each should be set out separately and it should be stated in the case of each right or burden how it was created e.g. by will or by deed. The priority in which burdens are to be entered in the Register should be clearly stated)	Name of claimant (where an infant or person of unsound mind, that fact with name of guardian or committee or trustees under section 57 of the Succession Act, 1965 , to be stated)	Address in the State of claimant (or, where an infant or person of unsound mind, of his guardian, committee or trustee)

Third Schedule (where necessary)

It is hereby certified, etc. (a).

NOTE (1) Deeds or wills (other than probate of the will of the registered owner) should not be lodged. Having regard to the terms of section 61 (3) of the Act, as inserted therein by section 54 (2) of the Succession Act, 1965 , the utmost care should be taken by the personal representative, before executing an assent, to be satisfied as to the legal effect of the devise and/or the settlement (as the case may be). As it is the responsibility of the personal representative to administer the estate of the registered owner correctly, such administration is no concern of the Registrar. The effect of all the limitations, powers and burdens that will affect the property on registration must be set out correctly in the prescribed form. The Registrar will not construe the will of the registered owner or any deed or settlement (whether made with the concurrence of the personal representative as such or not) so that if the effect of such limitations, etc., is incorrectly set out (e.g., if any of the burdens or powers are excluded from the prescribed form), it may be necessary to apply to the court for an order rectifying the register or for an order permitting the exercise of such powers.

NOTE (2)—THE WORDS OR TERMS OF THE WILL, DEED OR SETTLEMENT SHOULD NOT BE INSERTED OR RECITED IN THE ASSENT OF THE PERSONAL REPRESENTATIVE. ONLY THE EFFECT THEREOF AND THE REGISTRATION REQUIRED SHOULD BE SET OUT.

NOTE (3)—The only burdens that should be entered in the first Schedule are the burdens created by the will, deed or settlement created on the death of the registered owner, as the case may be, that would not be overreached on a sale by the limited owner under the Settled Land Acts. See Settled Land Act, 1882, section 20 (2). Burdens that form part of the settlement, i.e., burdens that would be overreached by a sale by the limited owner under the Settled Land Acts, may be registered on the limited ownership where they affect it, and they should be entered in the second Schedule. They cannot be registered as burdens on a subsequent estate comprised in the settlement until that estate vests in possession.

NOTE (4)—Where there are no trustees of a settlement created by the will of a registered owner, the personal representatives proving the will are trustees thereof (see section 18 (4) of the Administration of Estates Act, 1959 and, in cases of death after the commencement of the Succession Act, 1965 , section 50 (3) of that Act).

NOTE (5)—see Note (3) to Form 37.

NOTE (6)—It is imperative that in the event of failure of limitation, failure of issue, partial intestacy or other contingency the personal representative assent to the registration of the persons(s) entitled in such cases. See also section 3 (2) of the Act and section 2 (2) of the Settled Land Act, 1882.

NOTE (7)—See Note (4) to Form 48.

NOTE (8)—If the settlement appoints only one trustee for the purposes of the Settled Land Acts but authorises receipt by him of capital money this fact should be stated. If one trustee only for the purposes of the Settled Land Acts is appointed and such trustee is not so authorised no reference to the fact should be made. It will be necessary to appoint trustees for the purpose of receiving capital money (see section 39 (1) of the Settled Land Act, 1882).

• (a) See Note (5).

FORM 50

Application by a person who claims to be entitled to be registered as full owner on the assent of the personal representative(s) where a registered full owner dies testate on or after the 1st June, 1959 (rule 94)

(Heading as in Form 11)

l. I, E.F., am the person entitled referred to in the within assent (or the assent annexed hereto) of the personal representative of C.D.

(See Form 88)

(Execution as in Form 51)

FORM 51

Application by a person who claims to be entitled to be registered as limited owner on the assent of the personal representative(s) where a registered full owner dies testate on or after the 1st June, 1959 (rule 94)

(Heading as in Form 11)

l. I, E.F., am the person entitled referred to in the within assent (or, assent annexed hereto) of the personal representative of C.D. I apply to be registered as limited owner of the said property (subject to the burdens and rights set out in the first and second Schedules to said assent, to the registration of which I hereby assent and I apply for entry of the following inhibition for the protection of said rights—See Form 88).

Dated the day of 19 .

(To be signed by the applicant and his signature attested. If not attested by a Solicitor, an affidavit by the attesting witness may be required).

See notes to Form 49.

FORM 52

Application by trustees for registration as full owners of property on the assent of the personal representative(s) where a registered full owner dies testate on or after the 1st June, 1959 (rule 94)

(Heading as in Form 11)

See Note.

Dated the day of 19 .

(Execution as in Form 51)

Schedule (where necessary)

NOTE—Where the Trustees hold on trust for sale the appropriate inhibition to be applied for is a restriction against all dealings by the registered owners or the survivors or survivor of them except by way of sale. Where the property is not held on trust for sale, the utmost care should be taken in framing the inhibition to ensure that while no entry should be made which would interfere with the exercise by the trustees of any authorised powers, e.g., powers of sale and charging the interests of the beneficiaries are adequately protected by the terms of the inhibition. It is not the duty of the Registrar to advise on the suitability or otherwise of any particular form of inhibition nor should the terms of an inhibition be phrased in such a manner as would involve him in an enquiry into the manner in which the trusts are being administered. Normally, the interests of the beneficiaries would be adequately protected by the entry of an inhibition requiring the consent of, or notice to, the beneficiaries or, (in the case of infants or persons of unsound mind) their committees or guardians or trustees under section 57 of the Succession Act, 1965 .

FORM 53

Application for registration by a personal representative who claims to be entitled to be registered as full owner where a registered full owner dies testate on or after the 1st June, 1959 (rule 94)

(Heading as in Form 11)

I, A.B., of make oath and say—

(See Form 88)

(Jurat as in Form 1)

Schedule (where necessary)

(As in Form 48)

NOTE (1)—This Form should be modified in accordance with Form 49 when applicant is entitled as limited owner.

NOTE (2)—See Note (3) to Form 5.

FORM 54

Application by one or more personal representatives to whom property is devised upon trust for sale or other trusts requiring his/their registration on the death testate of a registered full owner on or after the 1st June, 1959 (rule 94)

(Heading as in Form 11)

I/We

of

make oath and say—

See Note.

(Schedule(s) (where necessary) as in Form 37)

(Jurat as in Form 1)

NOTE—Where the personal representatives hold the property on trust for sale the appropriate inhibition to be applied for is a restriction against all dealings by the registered owners or the survivors or survivor of them except by way of sale. Where the property is not held on trust for sale, the utmost care should be taken in framing the inhibition to ensure that while no entry should be made which would interfere with the exercise by the personal representatives of any authorised powers, e.g., powers of sale and charging, the interests of the beneficiaries are adequately protected by the terms of the inhibition. It is not the duty of the Registrar to advise on the suitability or otherwise of any particular form of inhibition nor should the terms of the inhibition be phrased in such a manner as would involve him in an enquiry into the manner in which the trusts are being administered. Normally, the interests of the beneficiaries would be adequately protected by the entry of an inhibition requiring the consent of, or notice to, the beneficiaries or (in the case of infants or persons of unsound mind), their committees or guardians or trustees under section 57 of the Succession Act, 1965 .

FORM 55

Transfer by the personal representative(s) to a person entitled to be registered as full owner where a registered full owner dies testate on or after the 1st June, 1959 (rule 95)

(Heading as in Form 11)