one family member omitted from will, can others partially renounce their bequest?

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john luc

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A nephew has recently passed away and wrote a will which has many beneficiary's. However he had forgotten one cousin and so I am wanting to know how best to include this extra person. I was thinking that each beneficiary could renounce a portion and so this residue could pass back via the intestate rule to his mother as she is his only direct family. She then could gift this to the other cousin. Does anyone have any other way this can happen.
 
whats the amount involved
are all the other beneficiaries agreeable and and are they going to be paying CAT?.

What about the 3,000 annual gift allowance, which works regardless of relationship
 
Are you the named executor? If you are your job is laid out for you in the will and there is no legal basis (or facility ?) for you to alter it. Any of the named beneficiaries who feel the "one cousin" is hard done by can gift him €3,000 or less all legal and tax-free out of their portion. The route you suggest could be a nightmare legally and cost-wise, if it is even possible and you have the agreement of ALL beneficiaries.
 
Can you renounce a portion of an inheritance?

How much is involved? If each person in Threshold C is receiving more than €15k , then renouncing €3k each would work well. They would not pay CAT on the €3k renounced. (€30k for siblings)

If the total received by the mother is less than €30k, she would not be paying CAT.

Then if she gifts less than €30k to her nephew, there would be no CAT.

If the cousins are getting less than €15k, then they should simply take it and gift it to the omitted cousin.

Brendan
 
john luc said:
However he had forgotten one cousin and so I am wanting to know how best to include this extra person.
Click to expand...

It’s hard to forget a cousin.

Is it not more probable that your nephew did not want this cousin to benefit ?, the reasons are irrelevant.

In my opinion, the executor should, and I’m sure is obliged to follow your nephew’s instructions and exclude this cousin.
 
That revenue page is interesting but it as you said does not cover a partial disclaim. We will be chatting with the solicitor at some stage so I am just trying to get my head around it.
 
The cousin was a genuine forget and I do believe that. There Is a large number of beneficiaries which is how my cousin planned it and the cousin forgotten is not in this Country and when the solicitor met him to draw up the will he simply forgot to include him.
 
4 words answer your question OP:

DEED OF FAMILY ARRANGEMENT
 
You do not know everything that goes on in other peoples' lives. There could have been bad blood over something you know nothing about. The Executor's job is to follow the will of the deceased. If others feel someone was hard done by they can gift him/her.
 
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