Query on gift to In-laws

Discussion in 'Wills, inheritances and gifts' started by johnc2017, 29 Aug 2018.

  1. johnc2017

    johnc2017 Registered User

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    10
    Hi

    My wife passed away without making a will but I'm aware of her wishes and would like to follow through on them. Obviously all of her estate was payable to me but looking to now make some payments to her family members. Unsure of whether they would fall under Category C of the CAT thresholds? Or are in-laws treated differently. Any advice appreciated.

    Also, from what I've read it's the beneficiary thats liable to pay any tax - is that correct?. I'm a non-resident btw

    thanks
     
  2. john luc

    john luc Frequent Poster

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    306
    anything you give to her family are now coming from you. As they are not blood relatives to you then CAT C apply. you are able to gift anyone €3000 tax free in each calender year. If you give more than that then the balance is subject to the CAT C.
     
  3. Gordon Gekko

    Gordon Gekko Frequent Poster

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    3,185
    Would “disclaiming” work?

    The OP disclaims an amount of value which then gets redistributed according to the intestacy rules, probably to his late wife’s in-laws.
     
  4. john luc

    john luc Frequent Poster

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    Can you disclaim a portion of an Inheritance :confused:
     
  5. Gordon Gekko

    Gordon Gekko Frequent Poster

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    3,185
    I think that you can only disclaim specific things rather than a portion of (say) the residue of an estate.

    One of the lawyers should be able to confirm hopefully.
     
  6. johnc2017

    johnc2017 Registered User

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    Last edited: 7 Sep 2018
    Thanks both for replying. Had a quick look at disclaiming but I don't think it's a possibility at this stage. In any case, the tax due should be quite small and as said individuals weren't expecting anything I don't believe it will be a significant issue.

    Just to clarify, it's always the beneficiary's responsibility to pay CAT? - just making sure that I would't become liable for any reason. As mentioned above I'm non-resident if that would make any difference

    Thanks
     
    Last edited: 7 Sep 2018