Right of residence & revenue

Thesearcher

Registered User
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15
Hello, I'm looking for clarification on the legal definition of Right of Residence and/or Right of Residence in relation to Revenue. I've had varied opinions from different professionals - maybe someone can clarify.

If Person A has been living in the family home for over 10 years (caring for a parent), and it has become their home, can they make a claim of Right of Residence and can that be recognized legally even if it is not specifically written in a will? More to the point, on the basis of a claim against an estate, if there is a settlement agreement between parties and it's acknowledged that Person A has "Right of Residence" but is willing to relinquish that right in a settlement, can they claim Right of Residence as per Revenue guidelines in that settlement?

Below is from the statute books not sure if it's the exact relevant definition.
"A right of residence in or on registered land, whether a general right of residence on the land or an exclusive right of residence in or on part of the land, shall be deemed to be personal to the person beneficially entitled thereto and to be a right in the nature of a lien for money's worth in or over the land and shall not operate to create any equitable estate in the land."
http://www.irishstatutebook.ie/eli/1964/act/16/enacted/en/print#sec81

Thanks
 

mf1

Frequent Poster
Messages
4,223
Are all the professionals saying, no, you're creating an artificial situation?

"If Person A has been living in the family home for over 10 years (caring for a parent), and it has become their home, can they make a claim of Right of Residence "

If they are a son or daughter, and if the parent is now deceased, and if there is no actual grant of a Right of Residence, they might claim an entitlement to a share/greater share of the estate by way of a Section 117 action.

But they can't claim, as of right, a Right of Residence- that has to be by way of a grant- perhaps, before the parent dies or as part of a settlement in a disputed estate.

But if they are going to give up that right, as part of a settlement, does that not sound artificial?

It sounds like there is some very creative tax planning being attempted, after the event.

And is there any actual CAT liability ? It would need to be a pretty big estate before CAT kicks in for an offspring.

I don't think the Registration of Title Act 1964 assists you with Revenue

mf
 
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Thesearcher

Registered User
Messages
15
Thanks. There hasn't been any settlement and it's not after the event - it's still before.... and may not happen either. Just exploring the potential outcomes and possibilities.

A professional suggested that there was a Right of Residence in place and to use that in negotiating a settlement - they knew it wasn't in the will but said that there was a Right or Residence under the circumstance. It wasn't suggested to create an artificial situation, I'm only asking to find out what the options are in a settlement, should a settlement be achieved.

I may have got this part mixed up - when you say ".... or as part of a settlement in a disputed estate." does this mean it can be negotiated as part of a settlement or does it still have to be stated in the will?

Thanks again, appreciate the answer!
 

mf1

Frequent Poster
Messages
4,223
I think you're tying yourself up in knots here.

There is no Right of Residence in place. Unless one is granted, there is no Right of Residence in place.

Any suggestion otherwise is just wrong.

Anything can be negotiated as part of a settlement but if it is all being done to evade CAT, you're all on a sticky wicket.

And is there any actual CAT liability ? It would need to be a pretty big estate before CAT kicks in for an offspring.

Are you actually just trying to give the carer a greater share of the parent's estate and what sort of numbers are you talking about?

These vague, ambiguous, intricately constructed questions, suggesting important and significant legal issues that have baffled great legal and accounting minds always make me think that we're only getting one potential outcome of a situation which has a number of facets, all of which will be paraded out sequentially until each one is crossed off as a non runner until we get down to a reality situation!

mf
 

Thesearcher

Registered User
Messages
15
I'm not tying myself up in knots and my questions were not vague, ambiguous or intricately constructed. All I asked was for clarification on a subject as per my original post and that's what I assumed askaboutmoney is about - asking questions. I've had conflicting professional advice hence my post seeking clarification. You have clarified that there is no Right of Residence unless one is granted. Thanks and much appreciated - all the best
 

cremeegg

Frequent Poster
Messages
3,036
There is no Right of Residence in place. Unless one is granted, there is no Right of Residence in place.

Any suggestion otherwise is just wrong.


mf
Recognising this, could a carer having lived in a parents house for 10 years not say to their siblings:

"Unless I get more than an equal share of the house after our Mothers/Fathers death I am going to dispute the will by way of Section 117 action."

While in law that may not be a "Right of Residence", you can see how it could loosely be described as such.
 

mf1

Frequent Poster
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4,223
"you can see how it could loosely be described as such. "

Try telling that to Revenue!

mf
 
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