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Husband wants to put all his pensions in trust for kids.

162 replies

messiejessie · 03/06/2024 23:43

My husband wants to put all his sizeable corporate pensions in trust for our 3 kids, should he die which is free of IHT.
I have a very small pension but do benefit from rental property I brought into the marriage. His point is that I wouldn't need his pension,
we are both 50 and in good health and i hope we would have a lot more living to do do and enjoy our life. Our kids are still at school or uni. The marriage is rocky,

It seems to me that he is trying to prevent me from benefiting from our joint assets if he were to die. If I died unexpectedly and left everything to him, including a substantial property and a rental there would be nothing to protect my share (for our kids) from a second marriage for example.
Would it not be fairer to put aside 5o percent of the pensions for the kids and 50 to me? In any case I wouldn't want our kids to inherit too early as they have not established their own careers yet or met life partners . I think giving kids money too early is a bad idea. (This is theoretical of course as no one is planning on dying just yet) I am very thankful we are in a good position all round financially, but nevertheless I would like some advice as I feel uneasy about being bulldozed into this.
AIBU ? Is this good financial planning for IHT? Can it be reversed?
AINBU? Should I be wary and seek financial advice from a lawyer or accountant given I have not much pension of my own ?

OP posts:
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VestaTilley · 07/06/2024 16:56

Consult a very good divorce lawyer now.

Summertimer · 07/06/2024 16:17

MuseKira · 07/06/2024 15:28

Trouble is that if OP remarries the estate could end up with the new spouse and the kids end up with nothing. That's why interest in possession trusts (Will Trusts) are so popular, whereby the estate passes to the spouse for their use during their lifetime, but passed down to the children on the second death, thus maintaining the ultimate beneficiary and preventing a new spouse from inheriting "by the back door" so to speak.

Hmm, just alter Will if planning divorce

MuseKira · 07/06/2024 15:28

Summertimer · 07/06/2024 14:17

I think that’s outrageous, if he goes first you should get everything and the kids should get what’s left after you pass.

Trouble is that if OP remarries the estate could end up with the new spouse and the kids end up with nothing. That's why interest in possession trusts (Will Trusts) are so popular, whereby the estate passes to the spouse for their use during their lifetime, but passed down to the children on the second death, thus maintaining the ultimate beneficiary and preventing a new spouse from inheriting "by the back door" so to speak.

Summertimer · 07/06/2024 14:17

I think that’s outrageous, if he goes first you should get everything and the kids should get what’s left after you pass.

Pin0cchio · 07/06/2024 14:12

You need to assume divorce is on the cards.

But also - you still have 15 years before state pension - your best course of action is to start saving as much of your earnings as possible into a private pension.

These days spousal maintenance is rare and if you've got older kids you won't get any child maintenance for long, so get as much saved as possible while you are living in the family home benefitting from his income for bills etc.

Dindundundundeeer · 07/06/2024 13:31

messiejessie · 04/06/2024 20:07

Found out that kids are already beneficiaries, which he hadn’t told me about. he’s talking about putting them in ‘an asset preservation trust ‘ to maximise pensions and minimise IHT. He is not thinking about cashing them in early. This info came via text as he is working in London. I have said I want to understand further and attend at any meetings with advisors .
Were we to divorce our main home and the rental would be divided equally along with any other assets so there would not be rental income as he’d need to live somewhere. I’d be left with no pension to speak of and he’d still have high level corporate earning power, LTIPS etc
no @Max28W I would say not. There are some things I can’t get over but my kids were a priority at that time

So firstly if he's looking at an asset preservation trust he is about 8 years out of date. ANYONE that recommends that is seriously missing the point on the pension freedoms legislation. If money passes to a trust on death the money is taxed on entry. It may carry a tax credit, but this is not as valuable as the money being 'whole' and is certainly detrimental were he to die before 75 tempting to kill the idiot but not yet
May I suggest that this is telling you something and it is time to secure your position with a form E and a move towards divorce.

GabriellaMontez · 05/06/2024 11:02

He's certainly not behaving like a man who wants to restore trust following infidelity.

More like a man who's planning his next move.

His actions speak volumes here.

Sorry OP.

messybutfun · 05/06/2024 09:10

I am repeating myself but reading what has been posted I need to say this again:

Most DC pensions are set up as trusts already. You cannot just give it to someone else. You can nominate who you want to benefit in the event of your death. The provider will not look at your nomination until you die. They will normally follow your wishes but they have a duty to consider any financial dependants who can prove they were reliant on you, especially if you have remarried and had children since you submitted a nomination.

DB pensions are different, most of them will only pay a reduced amount to dependants and some nothing at all.

SeaWorkout · 05/06/2024 06:15

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

For good reason, it’s the law !
I assume you’re a man who needs to educate himself on this, lol !

SeaWorkout · 05/06/2024 06:02

saraclara · 04/06/2024 00:21

It does sound as though he's expecting your marriage to end soon. I'd be getting some legal advice, and quickly. If he's going to protect his pension from you, yet expect a share of your pension and your rental house, you're going to be stuffed.

This,OP.

This is what I thought of immediately when you mentioned your marriage is rocky.

He may be getting his ducks in a row before divorcing you.

Get legal advice asap.

Rubbishconfession · 05/06/2024 05:53

jacks11 · 04/06/2024 23:03

i’m not entirely sure OP can stop this happening simply by not agreeing to it. It is his personal pension and ultimately he gets to decide who he names as the beneficiaries. I would be extremely surprised if he needs his wife’s permission to decide not to name her. I have an occupational pension and when I was naming beneficiaries my DH was not involved in any part of that process and that is how it should be.

in the event of a divorce, the settlement may address the issue of his pension and a judgment may be made in relation to it, possibly to OP’s benefit. But, as it stands, I don’t think OP can block anything he chooses to do now.

I didn’t say she can block it, but that she shouldn’t agree to it.

If she makes it clear that she doesn’t agree to it and he still does it then he’s going against her wishes.

OP should get legal advice.

Sashya · 05/06/2024 00:52

messiejessie · 04/06/2024 20:07

Found out that kids are already beneficiaries, which he hadn’t told me about. he’s talking about putting them in ‘an asset preservation trust ‘ to maximise pensions and minimise IHT. He is not thinking about cashing them in early. This info came via text as he is working in London. I have said I want to understand further and attend at any meetings with advisors .
Were we to divorce our main home and the rental would be divided equally along with any other assets so there would not be rental income as he’d need to live somewhere. I’d be left with no pension to speak of and he’d still have high level corporate earning power, LTIPS etc
no @Max28W I would say not. There are some things I can’t get over but my kids were a priority at that time

OP - you can of course go to a meeting with his Trust advisors. BUT they will only be telling you how the trust is set up. They won't be telling you anything about the implication of such trust on the marital assets and your position in divorce.
Your H may even offer you to become a Trustee. But it will not really change anything for you - you won't be able to access that money if you divorce.

I know you are in shock. I saw the same thing happen to a friend - and shock was her initial reaction. She quickly found a solicitor - who then sent her H a letter stating that she did not agree with moving family assets to a Trust. The letter could not stop it - of course. But it accelerated their rocky relationship to divorce within a short time and the money in the Trust were added back to family assets when they were dividing the money.

You are probably still in denial about your H intentions and you think that there is something to "understand" about this trust. But there is not. In a rocky relationship, with both of you still in your 50s - there is only one reason he is doing it. He is simply putting assets out of your reach, in case you divorce. I don't know if he is definitely planning to divorce - but he is certainly preparing for the worst case. (If you were super wealthy - with many properties and assets you wanted to pass on - then yes, setting up Trusts would have made sense. But that is not your situation)

Trouble is - once the trust is set up, he can add more of "his" money to the trust. You will have no transparency on anything. He does not have to tell you.
Not addressing this now - is quite risky for you.

So many women get blindsided by trusting that their Hs won't be cruel and will be fair in divorce. But many men, like your H - with "Big" jobs get to their 40-50s and decide that women who sacrificed careers to raise their children - do not deserve half of "their" hard earned assets. And they turn nasty. Like your H.

Gunz · 04/06/2024 23:28

Naran · 04/06/2024 11:29

The law makes women entitled to it.

And so it should. I’m not planning on getting divorced, but I’ve facilitated my dh’s career by looking after absolutely everything. He’s never had to say no to any extra travelling or extra work because he had the security of me taking care of everything. And it helped him rise quickly above his peers who did have to say no to stuff.

When I divorced 20 years ago my ex was a SAHF - my pension became part of the divorce calculations. All assets including pensions are on the table. You can end up with pension sharing agreements which have to be administered at some cost by the pension fund

User2460177 · 04/06/2024 23:22

jacks11 · 04/06/2024 23:03

i’m not entirely sure OP can stop this happening simply by not agreeing to it. It is his personal pension and ultimately he gets to decide who he names as the beneficiaries. I would be extremely surprised if he needs his wife’s permission to decide not to name her. I have an occupational pension and when I was naming beneficiaries my DH was not involved in any part of that process and that is how it should be.

in the event of a divorce, the settlement may address the issue of his pension and a judgment may be made in relation to it, possibly to OP’s benefit. But, as it stands, I don’t think OP can block anything he chooses to do now.

No there is nothing anyone can do to force their spouse to name them or anyone else as their beneficiary of their pension on death.

User2460177 · 04/06/2024 23:19

Quitelikeacatslife · 04/06/2024 04:55

Agree, big flag that he wants to mess about with his pension pot, maybe making noises about putting it in trust but syphoning some off too. It is asset of the marriage and he may want 50% of your rental house. Ask a solicitor, if you think marriage is over, Sort the whole pot out and then you can leave all your remaining assets to your kids .

I assume that he just means that he will put the children as beneficiaries of his defined contribution pension. This means that it will pass to his children outside of his estate to his children free of iht. It’s not otherwise possible to put a pension in a trust. Obviously they will only get something if he hasn’t spent all of his pension fund.

naming children as beneficiaries of a pension is fairly common and not necessarily a red flag in itself. I have named my daughters as beneficiaries for mine.

jacks11 · 04/06/2024 23:08

I’d also caution that a spouse’s pension is not automatically shared 50/50 with a spouse. There are lots of factors that determine this, so I would definitely recommend legal advice if you are thinking of leaving him.

jacks11 · 04/06/2024 23:03

Rubbishconfession · 04/06/2024 06:11

I agree with pp, do not agree to this. You will need his pension.

How long have you been married ?

i’m not entirely sure OP can stop this happening simply by not agreeing to it. It is his personal pension and ultimately he gets to decide who he names as the beneficiaries. I would be extremely surprised if he needs his wife’s permission to decide not to name her. I have an occupational pension and when I was naming beneficiaries my DH was not involved in any part of that process and that is how it should be.

in the event of a divorce, the settlement may address the issue of his pension and a judgment may be made in relation to it, possibly to OP’s benefit. But, as it stands, I don’t think OP can block anything he chooses to do now.

Ozanj · 04/06/2024 22:54

If he does this then you could delay the divorce and ringfence your rental and your share of the house into a similar trust for the kids. Then he wouldn’t get anything either.

MyrtlethePurpleTurtle · 04/06/2024 22:49

AnnaMagnani · 04/06/2024 17:50

Most marriages really aren't rocky

Well, 40% end in divorce - and those are just the ones that end up on the rocks (rather than just being rocky) 🤷🏼‍♀️

MILTOBE · 04/06/2024 22:14

Yes, pension funds count as an asset.

Ccchhhhheeeerse · 04/06/2024 21:51

If you divorce him you could split his pension now I believe...

Max28W · 04/06/2024 21:44

I'm really sorry to read that @messiejessie Are your kids still a priority above your own wellbeing?
Do you have any friends who have been through divorce lately that can recommend a solicitor even for a chat?
It's clear your husband is not giving you the full story re: finances and you need to know where you stand.

I'm sorry 💐.

MILTOBE · 04/06/2024 20:28

Speak to a solicitor before you start thinking you can't afford to leave.

If you stay, you have none of his pension that he built up while you were/are a married couple in a legal partnership. If you leave, you will have some of his pension.

You can negotiate regarding your house. A divorce will be all about negotiation.

messiejessie · 04/06/2024 20:07

Max28W · 04/06/2024 08:49

Is he talking about taking put the pension early then putting it into.a trust @messiejessie or just naming them as beneficiaries ?

You can't leave pensions in wills ...and yes the pension body ultimately decides. He can make a nomination

https://www.moneysavingexpert.com/savings/pension-expression-of-wishes/

So my concern is he might actually be talking about cashing pensions in early.

Are you happy in your marriage @messiejessie ?

Found out that kids are already beneficiaries, which he hadn’t told me about. he’s talking about putting them in ‘an asset preservation trust ‘ to maximise pensions and minimise IHT. He is not thinking about cashing them in early. This info came via text as he is working in London. I have said I want to understand further and attend at any meetings with advisors .
Were we to divorce our main home and the rental would be divided equally along with any other assets so there would not be rental income as he’d need to live somewhere. I’d be left with no pension to speak of and he’d still have high level corporate earning power, LTIPS etc
no @Max28W I would say not. There are some things I can’t get over but my kids were a priority at that time

OP posts:
superplumb · 04/06/2024 18:56

Havnt read all thread. My advice is get legal advice on the quiet. We jave recently redone our wills and changed how we own the house so my half automatically goes on trust as does my works life insurance for my children. That way if my husband remarried she can't get her hand on my half of everything. Obviously I can't stop him being stupid and signing his lot away but at least I know my boys will get something.

It does sound as if he's maybe hiding finances. I'd definitly seek advice.