Status of child brought into marriage

LirW · 10-10-2018 06:14PM #1

I didn't know how to word the title but I'll try to explain.

I'm marrying my partner soon, we have a child together and I brought my son into the relationship, he doesn't see his father a lot since his father only wants very limited contact but they'd see each other 2-3 times a year (lives in another country).
Anyway let's say we all get a bit older and I cross the bridge before my partner does and once he dies the estate goes to the children. Now since my son isn't my partner's biological child but he raised him from a quite young age on, would the financial threshold for CAT for him be the same as for our child we have together? From what I understand on this case he'd have a very little tax threshold.

I'd love to get some information on that

Peregrinus · 11-10-2018 05:26AM

For Capital Acquisitions Tax purposes, a stepchild is treated as a child. So if your son inherits something from your partner, his tax treatment will be the same as if he were your partner's son only.

Note that this is only for tax purposes, not for general inheritance purpose. So if your partner dies without making a will, for instance, under the intestacy rules his estate will go to you (if you survive him) and to his children, but your son will get nothing.

But if your partner makes a will leaving something to your son, then for tax purposes your son will be treated as if he were your partner's son also.

(This is after you're married, of course. Right now your son is not a stepson of your partner.)

Status of child brought into marriage

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