Uncle in law & wills

Discussion in 'Wills, inheritances and gifts' started by John 1982, Jul 27, 2018.

  1. John 1982

    John 1982 Registered User

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    1
    I feel like one of those blood sucking relatives asking these questions but bear with me.

    So an aunt passed away suddenly & she didn't get to make her will.

    She wanted to leave €150k to my mother but it's now been left to my uncle in law to sort. My aunt told him her wishes & he has told my mum & said to discuss with me & sister . I'm guessing for tax implications.

    What's the best way to proceed to minimise tax?

    Is a brother in law treated as no relationship to my mum?

    Any advice appreciated? I think he has left it to my mum to decide if she wishes to split her share with us,her 2 kids. We are married too if this makes any difference.

    Apologies for the long ramble.
     
  2. mf1

    mf1 Frequent Poster

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    4,078
    Its helpful if you can imagine that you have just five minutes to explain this, succinctly, to a Judge who knows nothing about you and would lose patience after 2 of those minutes if you presented the above!

    Is this the scenario:


    Mary dies intestate. Her husband (Legal Personal Representative- LPR) will deal with the administration of her estate- her assets pass according to the rules of intestacy.
    For example:

    Shares on Intestacy for a Death (on or since 1 January 1967)
    Section 67(1) states ‘Spouse and no issue: surviving spouse takes all’.
    Section 67(2) states ‘Spouse and issue: two thirds to surviving spouse; one third equally among children, with issue of predeceased child taking per stirpes. Issue and no spouse: children take equally, with issue of predeceased child taking per stirpes.’


    Your aunt wanted your mother, her sister, to get €150K. The LPR is taking the entire (?) estate and wishes to gift the €150K to your mother. You're all muttering under your breath but it might be that he could gift that money to several different people to minimise the CAT

    See this link:

    https://www.revenue.ie/en/gains-gif...-rules/cat-thresholds-post-november-2011.aspx

    Finally, get some proper tax advice.

    mf
     
    NicolaM likes this.
  3. Brendan Burgess

    Brendan Burgess Founder

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    35,807
    Last edited: Jul 27, 2018
    This is very simple.

    The rules of intestacy apply. Your uncle cannot choose how to allocate the money.

    Is the Aunt married?
    Does she have children?

    If so, you don't need to go any further. Just follow the rules set out by MF.

    If your uncle in law is the husband of your Aunt, he gets all the money, assuming they have no children.

    If he wants to give a gift to your mother or to anyone else, he is free to do so.

    Brendan
     
    Last edited: Jul 27, 2018
  4. Bronte

    Bronte Frequent Poster

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    12,630
    As far as I know you can gift 3K per person per annum tax free. So we have 5 people, mother, two children and two spouses. Uncle could gift therefore 15K annually to them. And that would be 150K over 10 years. But you'd need a tax expert to advice if this is ok. It's not complicated so a professional is not going to cost much and then you all can rest easy you're doing everything correctly.
     
  5. noproblem

    noproblem Frequent Poster

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    1,218
    Your uncle in law is a very decent person and I suspect a rather wealthy man. Nothing you have said suggests he has to do any of the tasks you've mentioned. I'm taking it that he is/was the deceased woman's husband?
     
    Marsha25 likes this.