Can I marry my niece / nephew?

BandyMandy

If I wanted to leave my wealth to a niece/ nephew in my will, would they avoid inheritances tax if we married, or is it illegal to marry a niece /nephew?

Tigger

BandyMandy wrote: »

If I wanted to leave my wealth to a niece/ nephew in my will, would they avoid inheritances tax if we married, or is it illegal to marry a niece /nephew?

google favorite nephew

Permabear

This post has been deleted.

thelad95

When are the schools back?

Atlantic Dawn

Looks like a no...

Not be related by blood or marriage to a degree that prohibits you in law from marrying each other. If you are related to your proposed spouse by blood or by marriage, you should contact a solicitor to ensure that you do not fall within the prohibited degree of relationship. (See "Further information" below on prohibited degrees.

http://www.citizensinformation.ie/en/birth_family_relationships/getting_married/legal_prerequisites_for_marriage.html

Permabear

This post has been deleted.

_Whimsical_

So you can leave more to a stranger you've married for inheritance purposes penalty free than to family?

It seems wrong.

Permabear

This post has been deleted.

One More Toy

Is she hot?

Mod

This is legal discussion. We do not discuss such matters here

Pls stay off this forum for at least a week

Atlantic Dawn

_Whimsical_ wrote: »

So you can leave more to a stranger you've married for inheritance purposes penalty free than to family?

It seems wrong.

Most likely down to the risks of inbreeding.

Permabear

This post has been deleted.

Bitches Be Trypsin

I can't see how it's illegal though, the traveling community do that kind of thing a lot?

Atlantic Dawn

Permabear wrote: »

This post had been deleted.

Yes I think the taxman is sweating it now

Permabear

This post has been deleted.

Peregrinus

_Whimsical_ wrote: »

So you can leave more to a stranger you've married for inheritance purposes penalty free than to family?

It seems wrong.

The person to whom you are married, pretty much by definition, is not a stranger. He or she is your husband or wife.

And, if it’s someone you married to avoid inheritance tax then it’s someone about whom you feel strongly enough that you intend to leave them a large amount of money or property. So, not likely to be a random passing stranger. Much more likely to be someone of considerable significance to you.

splinter65

BandyMandy wrote: »

If I wanted to leave my wealth to a niece/ nephew in my will, would they avoid inheritances tax if we married, or is it illegal to marry a niece /nephew?

Sadly you can’t marry your nephew but you can marry your cousin

porsche boy

This post had been deleted.[/quote]


Sure when have they ever worried about legalities??

Mod

Off topic. Be careful

Peregrinus

Atlantic Dawn wrote: »

Most likely down to the risks of inbreeding.

Only partly that. Genetic issues aside, it’s destabilising to the family structure if you regard family members as potential marriage partners, so most cultures have fairly strong taboos against that, which are usually reflected in laws.

Larbre34

The law of unintended consequences has done it again.

My elderly Ma is looking foxy enough lately, especially standing in the doorway of her €700,000 gaff.

flatty

I have a pal who is older than his aunt.

flatty

I also once met a 32 year old granny.

SuperSean11

If you have a kid with them you could leave it to the webbed toed child without paying the extra tax

Mod

Improper remark, which may be hurtful to some.

Pls take a week off from LD

flatty

A question of interest. If the aunt/uncle and nephew/niece were not related by blood, could they legally marry?

Fred Swanson

This post has been deleted.

flatty

Informative.
Suppose a step relation became an ex step relation?

Fred Swanson

This post has been deleted.

Larbre34

Fred Swanson wrote: »

That's a good one. Now that I don't know.

Could you marry your hot EE stepmother once the old man pops his clogs? It raises all sorts of moral discussion.

No, you can't, ever. The affinity by marriage remains even if widowed.

However, if your hot stepmom brought a hot preexisting daughter into the family ( your stepsister) you can work away and marry her as there is no relationship by blood and, oddly, no affinity by marriage.

GerardKeating

Larbre34 wrote: »

No, you can't, ever. The affinity by marriage remains even if widowed.

However, if your hot stepmom brought a hot preexisting daughter into the family ( your stepsister) you can work away and marry her as there is no relationship by blood and, oddly, no affinity by marriage.

Not if your father adopted said step sister, or step-mom adopted you...

ohnonotgmail

flatty wrote: »

I have a pal who is older than his aunt.

a situation that is not as unusual as you might think.

P_1

Larbre34 wrote: »

No, you can't, ever. The affinity by marriage remains even if widowed.

Does it remain in the case of divorce out of interest?

splinter65

ohnonotgmail wrote: »

a situation that is not as unusual as you might think.

My husband is older then his uncle and my daughter is older then her second cousin.
It’s still really not unusual in Ireland as up to the mid 70s families of 10+ spread over about 23 years were still completely everyday.
Of course in the Travelling Community 10+ is still very much everyday, and in fact for lots of couples is the goal.
But that is going change very quickly .

pilly

I understand why one can't marry a blood relative but not one who isn't related by blood.

Doesn't make sense to me?

Fred Swanson

This post has been deleted.

pilly

Fred Swanson wrote:

It is considered morally unacceptable.

Maybe so but there's lots of things considered morally unacceptable that we don't have laws against?

splinter65

pilly wrote: »

Maybe so but there's lots of things considered morally unacceptable that we don't have laws against?

There’s a lot of concern about people being coerced or otherwise persuaded to marry a step relative in order to keep money and or land or property in the family.

Marcusm

Permabear wrote: »

This post had been deleted.

Are you underwriting the Australian tax position as well?

Marcusm

flatty wrote: »

I have a pal who is older than his aunt.

Hardly unusual; there was such a pair in my secondary school class and the nephew was elder by almost a year.

Marcusm

flatty wrote: »

I also once met a 32 year old granny.

I worked with a woman who was in the Guinness Book of Records as a 27 year old granny!

Peregrinus

pilly wrote: »

I understand why one can't marry a blood relative but not one who isn't related by blood.

Doesn't make sense to me?

For the reason given in post 18. It’s destabilising to the family if you consider your father’s wife or your sister-in -law as potential romantic partners.

Peregrinus

Permabear wrote: »

This post had been deleted.

If you move to Australia you can leave it to her tax-free whether or not you marry her. Australia has no inheritance tax.

Larbre34

GerardKeating wrote: »

Not if your father adopted said step sister, or step-mom adopted you...

Correct!

Larbre34

P_1 wrote: »

Does it remain in the case of divorce out of interest?

As I understand it, it does.

Victor

Peregrinus wrote: »

For the reason given in post 18. It’s destabilising to the family if you consider your father’s wife or your sister-in -law as potential romantic partners.

Do I have it right that you can't marry a sister-in-law while your sibling is alive, but you can when the sibling is dead?

Peregrinus

Victor wrote: »

Do I have it right that you can't marry a sister-in-law while your sibling is alive, but you can when the sibling is dead?

You can marry your deceased wife's sister because this is expressly permitted by the aptly-named Deceased Wife's Sister Marriage Act 1907. However you can't marry your divorced wife's sister because of a fear (at the time) that permitting this would lead to men divorcing their wives for this purpose. This state of affairs continued for many years, as did the curious situation whereby you could marry your deceased wife's sister, but not your deceased brothers widow. But I think current law allows you to marry your brother-in-law or your sister in law, and makes no distinction between cases of death or divorce.

Victor

Peregrinus wrote: »

Deceased Wife's Sister Marriage Act 1907

Seemingly amended in 1914 and 1921 (will that apply in Ireland?).

There was a (High Court?) case in the last few years where all three were living, the woman divorced for one of a pair of brothers and wanting to marry the other one. I think marriage was refused.

Some cases:
https://www.irishtimes.com/news/woman-can-marry-ex-spouse-s-brother-1.1016971 - I think the case I'm thinking of is newer
http://limerickslife.com/hartigan/

coylemj

Peregrinus wrote: »

....This state of affairs continued for many years, as did the curious situation whereby you could marry your deceased wife's sister, but not your deceased brothers widow. But I think current law allows you to marry your brother-in-law or your sister in law, and makes no distinction between cases of death or divorce.

+1 that prohibition is in the Old Testament .....

Thou shalt not uncover the nakedness of thy brother's wife: it is thy brother's nakedness

Leviticus 18:16 (KJV)

Henry VIII attempted to use it as grounds for an annulment when he wanted to dump Catherine of Aragon, she had previously been married (as a child bride) to Henry's older brother Arthur, Prince of Wales. But Catherine was determined to preserve her name and the succession rights of their daughter Mary (later Mary I) so she testified that her marriage to Arthur had never been consummated.

Victor wrote: »

Seemingly amended in 1914 and 1921 (will that apply in Ireland?).

Yes.........

Deceased Brother's Widow's Marriage Act, 1921

brian_t

coylemj wrote: »

+1 that prohibition is in the Old Testament .....

Leviticus 18:16 (KJV)

The verse you quote is not referring to your deceased brothers widow.

Deuteronomy 25:5

If brothers are living together and one of them dies without a son, his widow must not marry outside the family. Her husband's brother shall take her and marry her and fulfill the duty of a brother-in-law to her.

coylemj

brian_t wrote: »

The verse you quote is not referring to your deceased brothers widow.

Deuteronomy 25:5

If brothers are living together and one of them dies without a son, his widow must not marry outside the family. Her husband's brother shall take her and marry her and fulfil the duty of a brother-in-law to her.

Which mandates that a widow must marry her deceased husband's brother and nobody else. As with a lot of biblical quotations, you can find one to suit your cause, especially when it comes to marriage and divorce :rolleyes:

But marrying your deceased brother's widow was prohibited under civil law in this part of the world until 1921. Henry VIII was allowed to marry his sister in law Catherine of Aragon by a Papal dispensation.

Mr. Incognito

No you cant.

Those mates that married wont get beneficial tax treatment,

Section 811 of the tax consolidation act will be employed. Publically i suspect

Fred Swanson

This post has been deleted.

coylemj

Fred Swanson wrote: »

This post has been deleted.

+1 women have married wealthy man for money for years, this is not exactly a new development. With the legalising of same-sex marriage, it was only a matter of time before a marriage of (financial) convenience happened.

In 1927 a 21 year old woman in the US married an 81 year old veteran of the civil war, apparently a common enough event at the time where the woman's family was dirt poor. When she died (age 97) in 2004 she was the last person still in receipt of a war widow's pension, 70 years after her husband died and almost 140 years after the war ended!