Archive for May 2024
Amendments to the Income Tax Clearance Procedure in estates
Revenue have published a new ebrief. It is brief 146/24 of 23 May 2024 which has set out some additional information with respect to the steps to take in relation to income tax clearance in death cases. I attach a link below to the revised manual. They are relatively minor and reminders really of issues…
Read MorePost-Death Variations and the SA.2
A question sometimes arises: if there has been a post-death variation, does that impact what goes into the SA.2? Some reflections on this question. Analysis Firstly, the SA.2 should reflect the date of death position. So (but see comments below) regardless of what happens after death, the date of death snapshot must be reflected in…
Read MoreReflections on S. 115 and Election
Just a reminder on the key elements of s. 115 of the Succession Act. It applies where a bequest is made to a spouse but that bequest is not stated to be in addition to the spouse’s legal right share. In that case, the spouse must elect to take the bequest or their legal right…
Read MoreSection 55 of the Succession Act – Part 2 – Observations
Last week we looked at section 55 of the Succession Act and some of its core elements. We also set out some of the limitations of section 55 and set out some of the reasons as to why the section doesn’t regularly come across your desk. Having said that, we set out here some of…
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