If I left my ARF to be part of my estate and that estate is distributed to my adult children, it goes in with no tax being deducted and forms part of the overall value of the estate
I'm
presuming this is how it roughly works....
You are implying in
Scenario 1 that your ARF will not be specifically disposed of in your Will.
It therefore is included in the residue of your Estate as it is not left to a specific beneficiary (note: I'm not saying its paid gross to the Estate, which I think is what you are getting at).
But if your Estate's beneficiaries are only your adult children, they'll be entitled to your ARF.
The Executor will be knocking on the door of the ARF provider with your death cert and other documentation.
The ARF provider will request confirmation of the beneficiaries of the ARF as the ARF provider is obliged to deduct Income Tax.
The Executor informs the ARF provider that the beneficiaries are adult children.
The ARF provider liquidates the assets in the ARF and withholds 30% Income Tax to pay to Revenue and pays out the balance.
In
Scenario 2, the ARF is specifically disposed of in your Will to your adult children.
The Executor will be knocking on the door of the ARF provider.........the ARF provider liquidates the assets in the ARF and withholds 30% Income Tax and pays out the balance.