Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Drawing up a Will

  • 13-08-2018 3:25pm
    #1
    Registered Users, Registered Users 2 Posts: 498 ✭✭


    Hi
    Wondering - whats the situation if a person is
    Unmarried - but living with a partner in a house with joint ownership.
    Both partners are divorced & have separate children by previous marriages.

    A couple of Questions.
    a) If one partner dies without a will - is the other partner liable to Tax.
    b) If one partner dies without a will - will the 50% property that the deceased person owns be transferred to the deceased person's children.
    c) as in (B) will the children be liable for "Inheritance Tax "
    d) could the couple get married to avoid "Tax Inheritance ",
    e) can a will be made to leave the 50% deceased person's ownership to the other partner, with a clause stating that upon the other partners death the 50% property would be divided equally between the children of each partner.

    Thank you


Comments

  • Registered Users, Registered Users 2 Posts: 5,245 ✭✭✭myshirt


    Conology wrote: »
    Hi
    Wondering - whats the situation if a person is
    Unmarried - but living with a partner in a house with joint ownership.
    Both partners are divorced & have separate children by previous marriages.

    A couple of Questions.
    a) If one partner dies without a will - is the other partner liable to Tax.
    b) If one partner dies without a will - will the 50% property that the deceased person owns be transferred to the deceased person's children.
    c) as in (B) will the children be liable for "Inheritance Tax "
    d) could the couple get married to avoid "Tax Inheritance ",
    e) can a will be made to leave the 50% deceased person's ownership to the other partner, with a clause stating that upon the other partners death the 50% property would be divided equally between the children of each partner.

    Thank you

    No
    Yes, maybe.
    Yes, maybe.
    Yes
    Yes

    Go to a solicitor for advice as applied to your own situation.


  • Registered Users, Registered Users 2 Posts: 6,820 ✭✭✭brian_t


    myshirt wrote: »
    No
    Yes, maybe.
    Yes, maybe.
    Yes
    Yes

    Go to a solicitor for advice as applied to your own situation.

    Surely the answer to e) is yes, maybe - depending on the type of joint ownership.


  • Registered Users, Registered Users 2 Posts: 498 ✭✭Conology


    brian_t wrote: »
    Surely the answer to e) is yes, maybe - depending on the type of joint ownership.

    Straight forward - 50% Joint ownership


  • Registered Users, Registered Users 2 Posts: 351 ✭✭randomrb


    Your beneficiaries are liable for inheritance tax whether you die with or without a will.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Leaving open for general discussion, subject to forum rule on legal advice


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    a) If one partner dies without a will - is the other partner liable to Tax.

    b) If one partner dies without a will - will the 50% property that the deceased person owns be transferred to the deceased person's children.

    c) as in (B) will the children be liable for "Inheritance Tax "

    d) could the couple get married to avoid "Tax Inheritance ",

    e) can a will be made to leave the 50% deceased person's ownership to the other partner, with a clause stating that upon the other partners death the 50% property would be divided equally between the children of each partner.

    If the asset is in joint ownership it goes to the survivor automatically thus negating all your questions.

    If it is co-owned. Legally each party owns a divisable 50% share as tenants in common then if they are not married they are strangers in law and there will be a nice big tax bill and complications.

    Go see a solicitor.


Advertisement