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Does a spouse have equal claim to inherited property?

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  • 05-04-2021 11:07am
    #1
    Certiorari
    Registered Users Posts: 3 ✭


    If, lets say, a wife has inherited property from one of her relatives and she wishes to give it to someone else, does her husband get a 50% say in what is done with the property?

    Or does such a right only become an issue on death/divorce? (Also, it is not a family home)


    I'd appreciate any input


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    #2
    chunkylover4
    Registered Users Posts: 243 ✭✭chunkylover4


    Certiorari wrote: »
    If, lets say, a wife has inherited property from one of her relatives and she wishes to give it to someone else, does her husband get a 50% say in what is done with the property?

    Or does such a right only become an issue on death/divorce? (Also, it is not a family home)


    I'd appreciate any input

    If she inherits it she is the owner of the property thenher husband has no rights in respect of it. If she dies intestate, then her husband may be entitled to inherit it or a portion thereof depending on whether or not there are children. If she leaves a will and her husband does not rennounce his legal right share then he would be entitled to 50% of the estate of which the property would form part of.


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    #3
    Effects
    Registered Users Posts: 9,761 ✭✭✭Effects


    Depending on the relative, there would be inheritance tax to be paid, and then paid again when she gives it to someone else, right?


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    #4
    chunkylover4
    Registered Users Posts: 243 ✭✭chunkylover4


    Effects wrote: »
    Depending on the relative, there would be inheritance tax to be paid, and then paid again when she gives it to someone else, right?

    Yes but the person inheriting may be entitled to an exemption in respect of CAT. It all depends on the specific circumstances.


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