IrelandCan I vary the distribution after someone dies?
Yes, you can vary the distribution of an estate after someone dies in Ireland, but only if all beneficiaries agree and the variation is made within two years of death — otherwise, it may trigger Capital Acquisitions Tax.
What the Law Says
The Capital Acquisitions Tax Consolidation Act 2003 governs whether and how a deceased person’s estate distribution can be changed after death. It sets strict conditions to prevent tax avoidance while allowing flexibility for family arrangements.
Under Irish law, beneficiaries can agree to redirect their entitlements from an estate — for example, a child might give up their inheritance in favour of a sibling or charity. This is called a 'variation'.
However, to be effective for tax purposes — especially to avoid triggering Capital Acquisitions Tax (CAT) on the original gift — the variation must meet specific legal conditions.
The variation must be made in writing, signed by all affected beneficiaries, and completed within two years of the date of death. If these conditions are not met, Revenue may treat the original distribution as taxable, and any later redirection could itself be treated as a new taxable gift.
Statutory TextCapital Acquisitions Tax Consolidation Act 2003 s. 2:
— Capital Acquisitions Tax Consolidation Act 2003, s. 2
What to Do
Confirm all beneficiaries agree in writing to the proposed variation.
Ensure the written variation is signed and dated before the 2-year deadline from the date of death.
Seek advice from a solicitor or tax advisor to assess CAT implications.
Notify Revenue if the variation affects tax liability — e.g., using Form IT38 or CAT1 as appropriate.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.