Deed of Family Arrangement

Discussion in 'Wills, inheritances and gifts' started by legal33, 12 Jan 2019.

  1. legal33

    legal33 Frequent Poster


    Our uncle died last year and divided his estate between his nephews and nieces. One of his nieces has already exceeded her category B CAT allowance of €32,500. She wants to do a Deed of Family Arrangement whereby all the beneficiaries agree to amend the terms of the Will so that her father inherits her share. As each beneficiary will receive about €20,000 he as a brother of the deceased would pay no CAT on this.

    We don't mind signing this form. We just think she has been misinformed and Revenue will view it as a disclaimer in favour of a particular individual and therefore the original beneficiary is taxed as if she had received the benefit.

    Any ideas?

    Many thanks,
  2. Gordon Gekko

    Gordon Gekko Frequent Poster

    I think you’re correct.

    I have never seen this, but I wonder if the niece disclaimed the €20k, the other nieces and nephews did too, and then any surviving siblings did also, could they get the €20k to her father that way?

    He is the closest (or one of the closest) surviving relatives after all.

    But that’s just a top of the head thought from me with a beer in hand; I don’t know whether it has merit.