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I have a client. His aunt is gifting him a house and 10 acres of land, only valued at agricultural value and the gift is in the region in total €300,000. His aunt took over care of him when he was 8 months old back in 1972. His mother passed away when he was 6 months old and it is the intention of the aunt to pass the gift and for him to claim foster relief the only documentation we have to prove is affidavits from the parish priest and affidavits from the garda sergeant and an affidavit from a retired school principal. His father unfortunately has passed away in the last couple of years. He has received no gifts from under the Group A Threshold previously. My question here is, in order for foster child relief, as he lived with his aunt until he reached the age of 18 and she looked after all his costs and cared for him. While there is no formal adoption process, she cared for him and as he aunt says back then there was no formal fostering or anything it was just, she has the affidavits from the various people and my question is • Is he entitled to Foster child relief and • Is there anything else that we need to put in place to ensure that the foster child relief will stand up if Revenue query same.

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Asked on 28 February 2018 12:59 pm