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by **NellyNoggin** » Thu Jan 23, 2020 6:08 pm

RDR wrote:Good point. The thresholds are here - for group B it is 32,500 which won't go far with property and land I'd imagine.
https://www.citizensinformation.ie/en/m ... s_tax.html

Unless he worked on the farm, then he'd be in group A which is €345,000. And from memory, if he lived in the property rent free for a number of years, he'd have a claim on it which might be tax free.

A solicitor would be able to determine thresholds and advise on how to proceed.

by **RDR** » Thu Jan 23, 2020 4:13 pm

Good point. The thresholds are here - for group B it is 32,500 which won't go far with property and land I'd imagine.
https://www.citizensinformation.ie/en/m ... s_tax.html

by **NellyNoggin** » Thu Jan 23, 2020 1:12 pm

Ppolly wrote:
RDR wrote:
Ppolly wrote:Thanks for all the replies - they have been very helpful.
Based on replies and what I have read since, if children of deceased siblings have a share in the estate, then it is possible/likely (?) that the farm would have to be sold to give everyone their share. I think my dad would hate to see this happen...you know the way the irish are about the land!
Is it possible for them to own it jointly? Though that's assuming no-one wants the value of it and all want it to stay together. Though it would be inevitable that at some stage someone who inherits down the line will want their money out. Or would there be one who could afford to buy out the others? You have to assume the owner didn't mind if it was split up or they'd have passed it on to one person.
All good questions RDR! Perhaps joint ownership would work, but yes, I can see how someone might want their cut of the inheritance at some point if not immediately. I will pass on the info to my dad and he can discuss with a solicitor.
Thanks

Or they might need to sell to pay the inheritance tax bill?

by **Ppolly** » Thu Jan 23, 2020 12:23 pm

RDR wrote:
Ppolly wrote:Thanks for all the replies - they have been very helpful.
Based on replies and what I have read since, if children of deceased siblings have a share in the estate, then it is possible/likely (?) that the farm would have to be sold to give everyone their share. I think my dad would hate to see this happen...you know the way the irish are about the land!
Is it possible for them to own it jointly? Though that's assuming no-one wants the value of it and all want it to stay together. Though it would be inevitable that at some stage someone who inherits down the line will want their money out. Or would there be one who could afford to buy out the others? You have to assume the owner didn't mind if it was split up or they'd have passed it on to one person.

All good questions RDR! Perhaps joint ownership would work, but yes, I can see how someone might want their cut of the inheritance at some point if not immediately. I will pass on the info to my dad and he can discuss with a solicitor.
Thanks

by **RDR** » Wed Jan 22, 2020 5:17 pm

Ppolly wrote:Thanks for all the replies - they have been very helpful.
Based on replies and what I have read since, if children of deceased siblings have a share in the estate, then it is possible/likely (?) that the farm would have to be sold to give everyone their share. I think my dad would hate to see this happen...you know the way the irish are about the land!

Is it possible for them to own it jointly? Though that's assuming no-one wants the value of it and all want it to stay together. Though it would be inevitable that at some stage someone who inherits down the line will want their money out. Or would there be one who could afford to buy out the others? You have to assume the owner didn't mind if it was split up or they'd have passed it on to one person.

by **QUATTRO** » Wed Jan 22, 2020 1:33 pm

Your father or his sister or both can act as administrator to take out Grant of Administration (probate) if they wish. The children of deceased siblings will inherit per stirpes the share of the deceased parent between them. If there is land involved an auctioneers valuation will be required so that the solicitor/administrator can complete the Inland Revenue Affidavit. The original death certificate will be required. An Administration Bond may need to be taken out (it is listed as a requirement for Dublin Probate Office in Intestacy cases although some rural solicitors applying to District Probate Registrys opt not to take it out) and this can be expensive (this is an insurance policy and must cover twice the value of the estate, premiums can be quite high).

There is a lots of information on courts.ie website setting out the list of things required, the fees involved and the Inland Revenue Affidavit is quite straightforward (again with guides on completing available online). Probate Office are very helpful with queries also for a personal application.

by **Ppolly** » Wed Jan 22, 2020 1:18 pm

Thanks for all the replies - they have been very helpful.
Based on replies and what I have read since, if children of deceased siblings have a share in the estate, then it is possible/likely (?) that the farm would have to be sold to give everyone their share. I think my dad would hate to see this happen...you know the way the irish are about the land!

by **pichet** » Wed Jan 22, 2020 1:11 pm

As above you need to appoint one solicitor to manage the probate etc of the estate. You are all free to consult your own solicitors for advice once the solicitor handling the estate determines who the beficiaries are and what they are inheriting. Funeral expenses and outstanding bills and tax liabilities of the deceased have to be paid first from the estate by the solicitor from the deceased's estate.
Re your father giving his share to a nephew. He will first have to pay inheritance tax on what he inherits(if over 35k) and then the nephew will have to pay gift tax on the "gift" he recieves from your father so its not straight forward. The property may have to be sold to meet the tax bill.

by **apache** » Wed Jan 22, 2020 11:17 am

You need a solicitor. Even if the probate is straightforward they need a grant of probate and it can be tricky if you're unfamiliar with what you're dealing with.

by **LucyS** » Wed Jan 22, 2020 11:14 am

Crossed posts

by **LucyS** » Wed Jan 22, 2020 11:12 am

I think the best way is for your father and aunt to contact a solicitor take out a grant of administration.

I'm pretty sure littleredcar is correct. The children of the deceased siblings would take their parents share in the case of intestacy.

by **RDR** » Wed Jan 22, 2020 11:10 am

NellyNoggin wrote:
RDR wrote:https://www.citizensinformation.ie/en/d ... state.html

You have to wade through it and pick out the bits that relate to being intestate.

If the deceased's siblings (who are the ones who are beneficiaries in this case) are in agreement about what should happen they could approach the same solicitor - and even ask the solicitor to act as administrator. I don't think littleredcar is correct that any share will automatically go to the off spring of other dead siblings. Even in a will you need to specify that, it isn't a given.
It says they are in the link.

I stand corrected. Bizarre though as it isn't a given if there is a will where you need to specify.

by **NellyNoggin** » Wed Jan 22, 2020 11:07 am

RDR wrote:https://www.citizensinformation.ie/en/d ... state.html

You have to wade through it and pick out the bits that relate to being intestate.

If the deceased's siblings (who are the ones who are beneficiaries in this case) are in agreement about what should happen they could approach the same solicitor - and even ask the solicitor to act as administrator. I don't think littleredcar is correct that any share will automatically go to the off spring of other dead siblings. Even in a will you need to specify that, it isn't a given.

It says they are in the link.

by **RDR** » Wed Jan 22, 2020 10:48 am

https://www.citizensinformation.ie/en/d ... state.html

You have to wade through it and pick out the bits that relate to being intestate.

If the deceased's siblings (who are the ones who are beneficiaries in this case) are in agreement about what should happen they could approach the same solicitor - and even ask the solicitor to act as administrator. I don't think littleredcar is correct that any share will automatically go to the off spring of other dead siblings. Even in a will you need to specify that, it isn't a given.

by **Ppolly** » Wed Jan 22, 2020 10:43 am

Thanks for the replies.
It is my fathers brother who has died. He has no children. My father was wondering if he and his sister could 'give' the land to a particular nephew, but given that there are offspring of other deceased siblings, this is probably not possible.
In a case like this does everyone involved go to their own solicitor or does everyone use the same one?

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