Gift given 5 years before parent's death. Brother challenging it.

[Brendan Burgess]

My mother and father gave me a generous valuable asset before they died (5 years ago now)

If you have had this for 5 years, you would have a good case.

Try to forget the bad blood. Stick to your guns. Your other siblings will support you.

If it had been in your father's house when he died, it would be a different matter.

But check with the solicitor advising on probate if there is one. I have some vague idea that gifts given within a certain time before the death are regarded as part of the inheritance.

Brendan

 

[ClubMan]

I have some vague idea that gifts given within a certain time before the death are regarded as part of the inheritance.

Are you thinking of this Capital Acquisitions Tax rule @Brendan Burgess?

Gift and Inheritance Tax (Capital Acquisitions Tax – CAT)

This page gives a general overview on CAT implications on gifts and inheritence.

www.revenue.ie

Gifts become inheritances if the disponer dies within two years of giving the gift.

 

[Brendan Burgess]

Well done. That is it.

2 years so the OP is fine.

Brendan

 

[MOB]

Well done. That is it.

2 years so the OP is fine.

Brendan

Actually that is something else altogether. It relates to an era when gift tax and inheritance tax were levied at different rates ( a gift within 2 years of death was taxable as if it were an inheritance)

 

[Brendan Burgess]

thanks MOB