Estate Planning: How to Avoid Tax Traps for Loved Ones

Estate planning remains a critical part of financial planning in Ireland, particularly as wealth transfers between generations continue to increase. While the purpose of estate planning is not to eliminate tax entirely, it is about ensuring funds are available to meet tax liabilities so that assets can pass to beneficiaries with minimal disruption.

Proper planning can prevent situations where beneficiaries are forced to sell assets simply to pay a tax bill.

 

Understanding Estate Planning

Estate planning focuses on ensuring your assets transfer to the right people in the most tax efficient and structured way possible. It involves preparing for potential Capital Acquisitions Tax liabilities and putting funding mechanisms in place where appropriate.

Effective planning provides liquidity to cover tax bills rather than placing pressure on inherited assets such as property, farmland or business interests.

 

What Tax Is Payable?

The primary tax involved in estate planning is Capital Acquisitions Tax (CAT).

CAT applies to gifts and inheritances received over a person’s lifetime. This includes:

  • Cash

  • Property

  • Shares

  • Land

  • Cars

  • Other valuable assets

The tax is currently charged at 33 percent on amounts above the relevant lifetime threshold.

 

Current CAT Lifetime Threshold Ranges

The lifetime tax free thresholds have increased as follows:

  • Group A: €335,000 to €400,000
    Typically applies where a child inherits from a parent.

  • Group B: €32,500 to €40,000
    Typically applies to nieces, nephews, grandchildren and certain other relatives.

  • Group C: €16,250 to €20,000
    Applies to all other beneficiaries, including non relatives.

These are lifetime thresholds. Any previous gifts or inheritances received within the same group reduce the remaining available threshold.

 

Example: €500,000 Inheritance

Let us consider a €500,000 inheritance:

If left to a child
  • First €400,000 tax free under Group A

  • Remaining €100,000 taxed at 33 percent

  • Tax liability: €33,000

If left to a niece or nephew
  • First €40,000 tax free under Group B

  • Remaining €460,000 taxed at 33 percent

  • Tax liability: €151,800

If left to a friend
  • First €20,000 tax free under Group C

  • Remaining €480,000 taxed at 33 percent

  • Tax liability: €158,400

 

The difference in tax outcomes is significant, which highlights why structured planning is so important.

 

How to Reduce Potential CAT Liability

While CAT cannot always be avoided, it can be planned for and funded correctly. Understanding how the thresholds apply allows families to:

  • Distribute assets efficiently

  • Utilise both parents’ thresholds where appropriate

  • Make lifetime gifts to gradually use allowances

  • Use the Small Gift Exemption of €3,000 per disponer per year

 

Section 72 Inheritance Tax Life Cover

This is a Revenue approved life assurance policy designed specifically to cover inheritance tax liabilities.

Key features include:

  • Must be approved by Revenue

  • Premiums paid by the person taking out the policy

  • If established jointly between spouses, benefits are payable on second death

  • Proceeds used to pay inheritance tax are not subject to CAT

  • Any surplus not used to pay tax may be taxable

This structure ensures beneficiaries have cash available to pay tax without selling property or business assets.

 

Section 73 Gift Tax Savings Policy

This policy helps fund gift tax liabilities arising from lifetime transfers.

Conditions include:

  • Must be Revenue approved

  • Premiums paid by the disponer

  • Premiums must be paid for a minimum of 8 years

  • Premium cannot increase by more than 50 percent of the original premium

  • Proceeds must be used within 12 months to pay the gift tax

When structured correctly, the proceeds can be exempt from CAT when used to pay the liability.

 

Final Thoughts

Estate planning in Ireland is about preparation and structure. It ensures your beneficiaries receive your assets in the most efficient way possible and are not burdened with unexpected tax bills.

Professional advice can help tailor a strategy suited to your family structure, asset base and long term objectives.


This information is based on the tax legislation in March 2026 and could be subject to change.