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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Republic of Ireland Inheritance Question: Person A dies with

Customer Question

Republic of Ireland Inheritance Question:
Person A dies with no will made. Persons B, C, D and E are to inherit. D and E are also deceased. For a myriad of reasons, E's children wish to disclaim for consideration on their inheritance. They have been informed by the solicitors looking after the will, that they forgo all inheritance if they all disclaim for consideration. At least one member must not disclaim in order to pay their siblings their consideration.
Is this correct or can all the siblings disclaim for consideration from the estate.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. What do you mean when you state disclaim for consideration? Normally, there is no obligation for anyone to pay anything if someone disclaims. It is not disclaiming if someone wants to be paid. Is there going to be a Deed of Variation executed? Who intends paying these people and out of what? Has the necessary tax been paid on any consideration (money) being given to these people who are disclaiming? Consideration normally means something of value, such as money.

Customer: replied 1 year ago.
http://www.revenue.ie/en/tax/cat/guide/disclaimer.htmlPoint 3 - under Disclaimers - 10 Points to RememberA person can disclaim for consideration. Any consideration is a benefit moving from the original disponer to the person disclaiming (i.e. a substituted gift or inheritance).Also mentioned under example 4 at the end of the page.
Expert:  Buachaill replied 1 year ago.

2. I will Opt Out of this Question and leave it to someone who has a better knowledge of the law relating to disclaimers.

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hello Nicola,Thank you for getting back to me. It's clearly not a very straight forward question to answer. Please go ahead and cancel the question.Thank you.