Cypus Trust to by-pass probate

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kansas
Posts: 979
Joined: Thu Dec 29, 2016 10:38 am

Cypus Trust to by-pass probate

Post by kansas »

We're aware that when couples own a property jointly, i.e.title deeds 50/50, that following the death of one spouse, the property cannot be sold until the lengthy Cyprus probate has been completed.

We have been advised that transferring property, contents and car into a Cyprus Trust by-passes probate as the property is owned by the Trust and not by the individuals, who are the principal beneficiaries of the trust.

This sounds like a very neat solution but there must be a downside.

Does anyone have any additional information on Cyprus Trusts, or indeed has experience of one.

Would appreciate any comments.

Thanks
trevnhil
Posts: 7318
Joined: Wed Dec 28, 2016 12:12 pm
Location: Polemi

Re: Cypus Trust to by-pass probate

Post by trevnhil »

Two questions come to mind.. Can you actually transfer deeds from a person (or 2people) to a trust. And as it is not a transfer to family, will the big charges apply.
Secondly can a trust get insurance for a car... It would seem a strange thing to try to do.
Trev..
WHL
Posts: 6995
Joined: Sat Mar 25, 2017 2:43 pm

Re: Cypus Trust to by-pass probate

Post by WHL »

Good Luck with that one
Alewfin
Posts: 140
Joined: Wed Dec 28, 2016 8:16 am

Re: Cypus Trust to by-pass probate

Post by Alewfin »

I believe a major drawback of a Trust, unless the law has changed, is the loss (€85,430) of the one time allowance against Capital Gains Tax from the sale of the property.

You would need to check with an accountant or lawyer to confirm / clarify.
kansas
Posts: 979
Joined: Thu Dec 29, 2016 10:38 am

Re: Cypus Trust to by-pass probate

Post by kansas »

Thanks for your input, and hopefully others might comment.

We're reviewing all the options available to make it easier on the one who's left behind, but we're aware that most of these neat solutions often come with hidden drawbacks.
kansas
Posts: 979
Joined: Thu Dec 29, 2016 10:38 am

Re: Cypus Trust to by-pass probate

Post by kansas »

Thanks for your input, and hopefully others might comment.

We're reviewing all the options available to make it easier on the one who's left behind, but we're aware that most of these neat solutions often come with hidden drawbacks.
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