A few questions on filling in the CA24 especially Part 6.

[The Ghoul]

I am finalling getting around to doing this and starting the probate process for a relative whose spouse died last year. Their financial situation is relatively straightforward. Most assets were in joint names with the deceased spouse and everything was left to the surviving spouse in the will.

1) Residence in joint names - already transferred to surviving spouse without going through probate
2) Bank accounts in joint names - already transferred to surviving spouse without going through probate
3) Bank account in the deceased's sole name - probate necessary.

Link to CA24


So, looking the CA24, the sole bank account goes in Part 4 Section 5. I don't think any other section in part 4 is applicable.

With regard to the already transferred property, do details have to be entered in Part 6 Section 1 for some tax/legal/administrative reason even though the property has already been transferred to the surviving spouse.

I don't see where joint bank accounts go - Part 6 Section 2? As with the property, these accounts have already been transferred to the surviving. spouse so is it required to include them in the form at all.

Thanks

 

[Thirsty]

Have you checked revenue for CA25 which is a guide to each question on the CA24?

 

[The Ghoul]

Have you checked revenue for CA25 which is a guide to each question on the CA24?

Thanks, I have read the CA25 and still don't know exactly what needs to be done in the case of joint assets owned by the deceased and their spouse and transferred to the surviving spouse before probate. The closest the CA25 came to answering this is the following note (emphasis is mine)

Banks, building societies and other financial institutions are prohibited by law from releasing monies (other than current accounts) lodged or deposited in the joint names of the deceased and another person or persons in the absence of a letter of clearance, Form I.T.8, from the Revenue Commissioners. This applies if, at the date of death, the total of all the amounts standing with the institution in the joint names of the deceased and that other person or persons exceeds €50,000 (Section 109 of the Capital Acquisitions Tax Consolidation Act, 2003). The requirement does not apply, however, to monies which have been held in the joint names of the deceased and his/her surviving spouse or surviving civil partner. The letter of clearance should be requested from the Revenue Commissioners.

However the CA24 itself says:

Part 6 Questionnaire.....Questions 1 - 12 in this Part must be answered in all cases.

On balance I think that Part 6 probably doesn't need to be filled in at all in the case I'm talking about as no tax is due and the asset transfer to the surviving spouse has already taken place outside of probate.