Irish Property in an English Will

[Don Corleone]

An English resident Aunt owns an Irish property. She is disposing of this in her english will but is concerned about having to double up on solicitors on both sides of the water, taking probate out twice. There are multiple executors (english and irish residents) and english and irish beneficieries. My understanding for the Irish beneficiaries is that they are taxed on what they receive rather then what is left, a change from when my mother-in -law died 20 years ago. Can the executors dispose of the irish assets as per the english will paying irish CAT as required on behalf of irish beneficiaries or is it a bit more complicated then that? Any ideas anyone?

 

[ramble]

The Irish property can be dealt with in the English will but an Irish grant of probate will also be necessary. CAT is no longer the executors' responsibility, it is the responsibility of the beneficiaries in line with other taxes. England taxes the estate, Ireland taxes what each beneficiary receives. If there is English tax paid this can be credited against Irish Liability under the double taxation treaty but it is not done on a straight credit basis.

 

[Don Corleone]

Many Thanks ramble. I think there are three executors two of which are irish resident though the bulk of the estate is in England, as is the aunt! She is concerned that this may make the estate an Irish one, though I assume that her residence is the important factor.