Farm Ireland

Friday 23 March 2018

When court takes control

What happens to property if a farmer becomes a ward of court?

- Residence: Where it is necessary to sell the house to provide for nursing home expenses or to prevent it being vandalised, the committee will be authorised by the court to put the property on the market. The committee is the person appointed by the president of the High Court to act on behalf of the ward. The net proceeds of sale are lodged in court and invested and made available for the maintenance and benefit of the ward.

- Farms or commercial property: This type of property is generally rented out subject to approval of the court and the rental income is used for the maintenance and benefit of the ward. In some cases it may be necessary for the court to authorise a sale of land to meet nursing home expenses.

- Bank or building society accounts: These are usually closed and the proceeds lodged into court and invested for the benefit of the ward so that they can be made available for his maintenance and benefit.

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