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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:
AnnaMagnani · 04/06/2024 17:50

Despair1 · 04/06/2024 17:31

Most marriages are rocky! Maybe I am being naive but your husband may not have a sinister plan. If OP feels that DH's pension assets should be shared equally with her, then the same should apply to her rental property! Fair is fair?

Most marriages really aren't rocky

averylongtimeago · 04/06/2024 17:46

Most marriages are not "rocky" and any change to savings are discussed and agreed between partners.

It seems like he is planning a future without you - he has had advice on how to minimize his assets in the event of a divorce.
Are there any other signs? New clothes/hairstyle/ staying out late "for work " / a new hobby which keeps him out on his own?

Take the advice offered here and get proper professional help, like he obviously has.

Despair1 · 04/06/2024 17:31

Most marriages are rocky! Maybe I am being naive but your husband may not have a sinister plan. If OP feels that DH's pension assets should be shared equally with her, then the same should apply to her rental property! Fair is fair?

wearemodernidiots · 04/06/2024 17:19

messiejessie · 04/06/2024 13:26

Thanks for all your messages here. It does seem odd as fairly recently he didn't think his very large pension pot was enough of an income stream in retirement and suggested we invested in setting up an air n b annex. More cleaning for me - no thanks ! So obviously he's planning on needing his pension when he's retired but doesn't think I'll need it if I'm a widow earlier than expected. Some of his pensions are index linked company schemes and very valuable.
i know we have other assets in his name but I don't know the whole picture and he's recently started isa's in the older kids names but would not pay in to mine.

THe ISA situation strongly suggest he's depleting his assets so he doesn't have to split them with you.

Don't be blindsided.

wearemodernidiots · 04/06/2024 17:17

I'd get legal advice immediately and look to divorce if you have reason to believe he might do this behind your back. He may be 'lining his ducks up in a row' as everyone says on here.

But you are entitled to benefit from your combine assets as you were supposed to be a team in raising your DCs all these years. Your standard of living deserves to be equal to his, not lesser. And if he's looking out for himself only, then you need to protect yourself. And that may well mean divorce and securing your rightful percentage of the marital assets now.

And then you can plan what you need to do to move forward and add to your secure future.

FiveStoryFire · 04/06/2024 17:10

Just echoing previous posters that pensions are exempt from IHT so his story makes absolutely no sense.

He's trying to protect his assets prior to divorce.

messybutfun · 04/06/2024 17:01

DB pensions are different.

You also cannot simply change beneficiaries of a trust and in particular, if the settlor is also a beneficiary the trust may be ineffective for whatever purpose it was set up.

Genevieva · 04/06/2024 16:54

He should leave his pension to you, but in the unlikely event of him dying young and you not needing the money, you can do a deed of variation so that it goes directly to the children. That way, you have the flexibility to assess what is best at the time, depending on circumstances. If he died next year you might need it for raiding the children / paying the mortgage.

MyrtlethePurpleTurtle · 04/06/2024 16:41

Dindundundundeeer · 04/06/2024 10:58

He only needs to write an Expression of Wishes, but this is not legally binding and can be overturned by the Trustees. I can assure you, he can leave it to whom he wants, but it may not happen. It sounds like you would be successful in challenging this in the event of his death.

Whether you would be better taking half his pension via a divorce is another matter...

The nominations under pension schemes are not challengable in the way you assume. It is only 'discretionary' because if it were legally binding, the pension lump sum would form part of the deceased's estate and subject to IHT

IReallyStillCantBeBothered · 04/06/2024 16:41

cannonballz · 03/06/2024 23:45

What would you do with his pension anyway? Surely pass it on to your kids?

It makes sense for him to leave it all to them

Depending on when he passes and her finances she may need it to live. The right thing will be to pass it to her in case she needs it and the kids inherit from her not cut her out and pass it to the kids directly to spite your wife.

It’s not his decision alone to make, it’s family finances and she should engage outside counsel.

Does it make a difference if the reason for her smaller pension is because she took time off work to look after their kids? But you think it’s right he unilaterally makes the financial decisions now especially when their marriage is rocky?

IncompleteSenten · 04/06/2024 16:29

Change your will to leave everything directly to your children.

RB68 · 04/06/2024 15:29

you need to see a lawyer and get things going on separating and sorting finances and divorcing. He is trying to sort the finances so you get nothing here as others have said IHT is a red herring. He can mark them as beneficiaries which is different, if you divorce they are still on the table in terms of assets of the marriage even if they are beneficiaries

jsku · 04/06/2024 15:12

messiejessie · 04/06/2024 13:26

Thanks for all your messages here. It does seem odd as fairly recently he didn't think his very large pension pot was enough of an income stream in retirement and suggested we invested in setting up an air n b annex. More cleaning for me - no thanks ! So obviously he's planning on needing his pension when he's retired but doesn't think I'll need it if I'm a widow earlier than expected. Some of his pensions are index linked company schemes and very valuable.
i know we have other assets in his name but I don't know the whole picture and he's recently started isa's in the older kids names but would not pay in to mine.

@messiejessie

You are doing what most women going through this sort of situation do. Which is NOT believing your H has turned into a man protecting his interests at the expense of yours.

The talk of doing it for ‘the children’ is a smoke screen. The only person who benefits from this arrangement is HIM when (or if) you divorce. Any asset put into trust will have him as a trustee. So he will be able to use them.
But - for the purposes of divorce and asset division - these assets will not exist.
While EVERYTHING in your name will be divided 50/50. Your properties, your pension, etc.

Do not fall for this manipulation. His story of saving on inheritance tax is a lie. (mine also had a story about a trust for the children. Also totally made up).

So many women around me did not believe their H’s turned into those men hiding money. And got badly burned in the end.

You are lucky he showed his hand.

LuckySantangelo35 · 04/06/2024 15:03

cannonballz · 03/06/2024 23:45

What would you do with his pension anyway? Surely pass it on to your kids?

It makes sense for him to leave it all to them

@cannonballz

no it doesn’t. What is OP supposed to live on? Fresh air?

Quitelikeacatslife · 04/06/2024 14:56

This reply has been deleted

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

Remember in the marriage service, all that I have I give to you? Well there are quantifiable laws to back this up, one person may bring earnings to a family, one person unpaid caring or cleaning or childcare, if still has a value and is misogynistic to think otherwise.

AcrossthePond55 · 04/06/2024 14:51

See a solicitor pronto!! This man is miles ahead of you in getting ducks in a row.

In the meantime, tell him that since he feels things need to be set up to benefit the children, you will be leaving the house and rental property in trust for them with a solicitor as trustee with the instruction that they be sold when the youngest child reaches majority (or finishes Uni) and the proceeds invested in trusts for the children.

Two can play at the assets deprivation game.

godmum56 · 04/06/2024 14:25

Despair1 · 04/06/2024 13:50

The children are jointly yours so his plans make sense to me. And you have a small pension and a rental property that is extremely lucrative so you don't need his pension

1 Who are you to say what someone else "needs"?
2 Its possible for the person who sets up the trust to "undo" some kinds. Its possible his plan is to divorce, get the assets business sorted then undo the trust again.

Littleorangeflowers · 04/06/2024 14:23

Divorce him

MILTOBE · 04/06/2024 14:13

Despair1 · 04/06/2024 13:50

The children are jointly yours so his plans make sense to me. And you have a small pension and a rental property that is extremely lucrative so you don't need his pension

But the pension is jointly theirs, too. Yes, it's in his name now but in a divorce it would be divided, just the same as it would be if he'd had a savings account in a bank. It's not just up to him to make that decision.

DistinguishedSocialCommentator · 04/06/2024 13:54

Codlingmoths · 03/06/2024 23:44

I’d seek advice so you know where you stand. How do finances work currently? I’d basically pull back from any costs that support the family to build my own pension. Kids sports? He can pay. Food bills? I’ll pay 20%.

Really!!

His money, his choice!!

Despair1 · 04/06/2024 13:50

The children are jointly yours so his plans make sense to me. And you have a small pension and a rental property that is extremely lucrative so you don't need his pension

Nanny0gg · 04/06/2024 13:36

messiejessie · 04/06/2024 00:07

That's exactly what I'm worried about as the marriage is not good. The tax situation could change for rental property and the rental property is a bit of a liability with some issues and a current large mortgage. It would make more sense to hand that over to the kids and they could live in it before selling it.
Women tend to live longer than men anyway . My father is in a care home costing the earth due to having Alzheimer's. That could happen to me and it costs a huge amount. I'd want to be well provided for in my old age having contributed to our finances throughout our marriage.

Go and get independent financial advice

Including what would happen in the event of a divorce

Nouvellenovel · 04/06/2024 13:33

messiejessie · 04/06/2024 13:26

Thanks for all your messages here. It does seem odd as fairly recently he didn't think his very large pension pot was enough of an income stream in retirement and suggested we invested in setting up an air n b annex. More cleaning for me - no thanks ! So obviously he's planning on needing his pension when he's retired but doesn't think I'll need it if I'm a widow earlier than expected. Some of his pensions are index linked company schemes and very valuable.
i know we have other assets in his name but I don't know the whole picture and he's recently started isa's in the older kids names but would not pay in to mine.

He’s not very kind op.
My dh cherishes me as all dh’s should cherish their wives.

I think you need to get advice quietly and ensure he doesn’t deprive you of a share in his pension.

Nicebloomers · 04/06/2024 13:28

You need to get as much information about all finances as possible and speak to a solicitor as a priority. Somebody somewhere is advising him it seems.

messiejessie · 04/06/2024 13:26

Thanks for all your messages here. It does seem odd as fairly recently he didn't think his very large pension pot was enough of an income stream in retirement and suggested we invested in setting up an air n b annex. More cleaning for me - no thanks ! So obviously he's planning on needing his pension when he's retired but doesn't think I'll need it if I'm a widow earlier than expected. Some of his pensions are index linked company schemes and very valuable.
i know we have other assets in his name but I don't know the whole picture and he's recently started isa's in the older kids names but would not pay in to mine.

OP posts:
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