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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I am joint executor with my brother mother's

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Hello, I am joint executor with my brother for my mother’s estate in ROI. My brother was a joint name on my mother’s bank account and one of her "An Post" Savings Cert's for convenience. We both believe they should form part of her residual estate. I am not sure how to treat these for the Inland Revenue Affidavit (Form CA24). Do they just get listed with her outright assets or should they go in the Joint section and if so how should they be described? Thanks, TJ
1. Dear *****, here as your brother only had his name on the bank account and the Saving Certificates for convenience, then he is simply a nominee in both instances. So, both the bank account and the Saving Certificates should be listed under your mother's outright ownership, as she owned the both of them. Your brother owned nothing of them. It would be incorrect to include both of these items in the joint ownership section as this would then mean that your brother had a 50% share in them, which is not the situation. When describing the bank account, simply list it as money owned by your mother. When describing the Saving Certificates simply list them as "An post Savings Certificates" and give the current value.
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