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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13103
Experience:  Barrister 17 years experience
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I own a house as tenants in common with my mother and

Customer Question

Hi I own a house as tenants in common with my mother and husband. I'm the sole heir to my mother's estate and we hal
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Dublin
JA: What documents or supporting evidence do you have?
Customer: Title deeda
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I want to know if dwelling exemption tax is an option for me as I've in the same dwelling with my mother since 2015 and I'm her only child a d sole beneficiary
Submitted: 10 days ago.
Category: Republic of Ireland Law
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Expert:  Buachaill replied 6 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 6 days ago.

1.  I regret to say that the dwelling tax exemption upon inheritance does not apply to properties which are jointly owned as tenants in common before one tenant in common dies.  Essentially, your mother would have to own the property separately and in her own right for you to be able to avail of the dwelling tax exemption when it came into your name.   Because you are already part owner, as a tenant in common, the tax exemption upon inheritance does not apply to this situation.

Expert:  Buachaill replied 6 days ago.

2.  If you require any further clarification or if there is some additional information you require I will be happy to provide additional answers to your queries.

Customer: replied 6 days ago.
Thank you for your response, would a joint tenancy work in our case, would.this be a better option for us as my mother does not want me to have a tax burden when she passes away, if at all possible
Expert:  Buachaill replied 6 days ago.

3.  A joint tenancy, with its right of survivorship rules would operate to vest your mother´s share in you jointly with your husband.  However, a  joint tenancy would have to be created for this to work.  It would avoid the tax implications of a transfer as it would take place outside the will.  However, just be aware of potential unintended consequences, where it is not your mother who dies first.  You need to realise that using a joint tenancy is predicated upon your mother dying first, but that this may not happen in fact.

Customer: replied 6 days ago.
Thank you yes I do understand that is the case and would this imply that should something happen the myself and my husband that my mother would have full ownership and the property could be sold for nursing home fees etc. My children would then have no inheritance even though per my mothers will should I predecease her my children are to inherit
Expert:  Buachaill replied 6 days ago.

4.  I know this is the side of the equation you don´t want to think about.  But just realise that a joint tenancy is an imperfect solution.

Customer: replied 6 days ago.
Thank you this is all from a discussion with my mother that I dont really want to have but my 2 sisters and father have passed away and we know that there are things that should be organised ahead of time and I'm just trying to give her answers that would out her mind at ease should she pass that I wouldn't be burdened or my children for that matter . Thank you very much for your help
Expert:  Buachaill replied 6 days ago.

5.  I appreciate the situation and the need for clarity.  I hope I helped in some part.  Glad to be of assistance.  Have a good evening.