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Inheritance tax

Inheriting the family home in Ireland

Consider ownership, mortgages and inheritance tax when leaving or receiving a family home in Ireland.

An open front door leading into a family home

A family home carries emotional importance as well as financial value. That can make it tempting to assume that the law treats it differently from every other asset. In practice, ownership, succession rights, debt and tax all need to be considered separately.

The fact that a house has been in the family for many years does not, by itself, make an inheritance tax-free or establish who should receive it.

Establish what is being inherited

Start with the title and the ownership arrangement. A home held jointly may pass differently from one owned solely by the deceased. Where ownership is in shares, the deceased person's interest may need to be dealt with through the estate.

Check any mortgage or other charge. A gift of a house is not necessarily a gift free of debt, and the wording of the will can matter. The beneficiary should understand the obligations associated with the property before making plans for it.

Consider tax without assumptions

A spouse or civil partner generally benefits from the CAT exemption for transfers between them. Other beneficiaries need to consider the relevant threshold, earlier benefits and any available relief or exemption.

The dwelling-house exemption can apply in qualifying circumstances, but it has strict conditions. It is not a general exemption for every child inheriting a parent's home. Residence history and ownership of other property can be important.

A beneficiary may face a tax liability while receiving an asset rather than cash. That possibility deserves attention during planning, particularly if the intention is that the person should continue living in the house.

Think about shared ownership

Leaving a home to several people can create practical questions about occupation, maintenance, insurance and sale. One beneficiary may want to live there while another needs access to the value. A family understanding made informally may not resolve those competing needs.

If your intention is to provide a right to live in the home while preserving it for someone else later, obtain advice on suitable drafting and tax treatment.

Keep property records and a realistic outline of liabilities with your estate-planning information. A carefully considered will should reflect the actual ownership and the beneficiaries' practical circumstances, rather than rely on the phrase “the family home” to answer every question.

Sources and further reading

General information, not advice on your individual circumstances. Laws and tax rules can change; check the linked official guidance and obtain professional advice where needed.