We'll miss the deadline for CAT.

[Yam_Naem]

I posted a thread here earlier about my gran passing away in February. Having conducted more research by reading through other threads on here, I've concluded that there's no way probate will be granted before the CAT deadline, which I'm guessing means my mum can't sell the house before the deadline and thus cannot pay the tax on time because she has no savings and cannot possibly source the CAT funds from elsewhere.

Is there any room for discussion about late CAT payments with Revenue or is 8 percent interest invariably added to the tax bill? It's a simple estate with a house, car, and credit union savings. All of it goes to my mother. But she is relying on selling the house as her way of paying CAT. If all of this probate stuff takes like eight months, does this mean she'll end up with a significantly larger tax bill?

 

[Sarenco]

My understanding is that the grant of probate is what triggers the CAT liability. Why would anybody have a CAT liability before the grant issues? What would happen if nobody applied for a grant of probate?

 

[Yam_Naem]

My understanding is that the grant of probate is what triggers the CAT liability. Why would anybody have a CAT liability before the grant issues? What would happen if nobody applied for a grant of probate?

Thanks for your comment and apologies if my question is a bit silly. I'm just a bit overwhelmed by all of this CAT stuff and I'm meant to be the clever one in the family, which is why my mum is asking me to help her find out the relevant info.

Would I be incorrect to say that if she only applied for probate in September, for example, then there is a good chance GOP would not be given before the October 31st deadline, which would essentially mean that she would have a whole year to sort out the distribution of assets, sell the house, and use the money to file a CAT return due for 31st October 2018?

There doesn't seem to be anything inherently illegal or wrong about this, but I'm not very well informed so perhaps my line of reasoning is incorrect. But delaying the application for probate is the only thing I can think of as a way to postpone the CAT payment for a year. There's obviously a risk the property price will rise and so will the CAT amount, but being able to actually pay a potentially higher amount of tax on time kind of trumps the whole 8 percent interest and filing a late return.

Given that my nan passed away in Feb, questions may be asked about why the application for probate took so long. I just want to be clear that we're not trying to avoid the tax here, I just want my mum to be able to pay it on time. She is receiving counseling sessions to cope with the death and she suffers from several anxiety disorders and has had a breakdown in the last few weeks so perhaps a doctor can provide some form of reasoning as to why she delayed applying for probate. Having just six months between now and the deadline is too short.

 

[Gordon Gekko]

How much is the estate worth and did they live together?

 

[mf1]

I'd advise you to see a solicitor.

But it seems that you don't want to pay a solicitor from your earlier post.

Why would you go through all of this anxiety, without professional advice, relying on an anonymous board for comfort, when its easily dealt with, with a solicitor?

And if you're afraid of getting a rubbish solicitor, ask for recommendations from friends rather than ringing around a whole heap of firms and looking for the cheapest price.

mf

 

[Thirsty]

I'm with mf on this.

If you were worried about your health, you'd see a doctor.

DIY probate is fine if you're comfortable with it and on a personal note I found it a great help in coping with the grief of losing someone I loved.

But if you find it difficult then get some professional help.

 

[Yam_Naem]

I'm with mf on this.

If you were worried about your health, you'd see a doctor.

DIY probate is fine if you're comfortable with it and on a personal note I found it a great help in coping with the grief of losing someone I loved.

But if you find it difficult then get some professional help.

Is it difficult to do DIY, though? That was pretty much the question I asked in the original post. To me it seems like it's just paperwork and understanding how to fill the documents in properly. I've heard solicitors require a chunky percentage of the estate to apply for probate on your behalf.

My use of this board was to find out whether it's that complex to apply for probate without a solicitor's assistance. Obviously, the solicitor wants business, so they'll tell my mum she needs their services. More realism about things might be found on here.

 

[Thirsty]

That's a very subjective question.

I didn't find it particularly 'difficult' but it does take a certain set of skills. You've already said that you are feeling overwhelmed.

I'd recommend doing some reading, you can start with citizens information (but bear in mind it's not always accurate); then look at the probate section on courts.ie and also revenue.ie for information on the CA24 which you need to complete.

Who is the executor named in your Grandmother's will?

 

[Yam_Naem]

That's a very subjective question.

I didn't find it particularly 'difficult' but it does take a certain set of skills. You've already said that you are feeling overwhelmed.

I'd recommend doing some reading, you can start with citizens information (but bear in mind it's not always accurate); then look at the probate section on courts.ie and also revenue.ie for information on the CA24 which you need to complete.

Who is the executor named in your Grandmother's will?

Thanks. She died intestate. So there'll be an administrator which I'm guessing can either be my mum, who is her only daughter, or we could appoint a solicitor.

 

[Mags0709]

CAT would only be payable by 31 October this year if probate is granted by 31 August. Otherwise you have until 31 October the following year – assuming its granted by 31 August 2018.


Another quirk of the system. Get probate on 1 September you have 14 months to pay get it on 31 August only 2 months before penalties start.


CAT also depends on how much the house is worth – relative to the group A threshold - and how easy it will be to sell. Have you had the house valued.


If you are both resident in Ireland and have PPS numbers it should be possible to do it yourself – but it depends how confident you are with filling out the CA24 affidavit, dealing with the probate office and sorting out self assessment/payment.

 

[john luc]

I am to eventually receive an inheritance as one of many mentioned in a will which has a solicitor processing it and as it is a will with multiple assets to untangle the solicitor wrote to all of us in 2016 to advise we write by way of registered letter to the local revenue office to state that although probate is issued the assets are not liquid to disperse and so we do not know our liability.

 

[Prosper]

I'm just a bit overwhelmed by all of this CAT stuff and I'm meant to be the clever one in the family, which is why my mum is asking me to help her find out the relevant info.

You'll get a solicitor to do the probate for you for around €4,000. Some will do it for less particularly if you're also using them for the house sale. You might get a solicitor to do both for between €6,000 and €8,000. I'm sure that others on AAM will say that you could get it even cheaper but be careful what you wish for. Personal probate application can be very straightforward if it's a simple uncomplicated estate. Doing it yourself means you will be very proactive in sorting through your Nans records rather than reacting to a solicitors requests for information. Either way it's you will be doing all the sorting through papers and records. However, it might be a reassurance to your mother to know that a professional is handling it and as a result it will also be less of a worry for you.