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Will and trust

4 replies

superplumb · 14/03/2024 09:12

Hi I'm married with 2 young children aged 8 and 10. Own our house with mortgage as joint tenants.
I need to update my will.

My thoughts were, if i die before DH , rather than my share going to husband, my half ( changed to tenants in common) would be held on trust for my children until they reach 18. This is to prevent my husbands new wife ( if I die) gaining my share if husband also dies,leaving my children with nothing.
Husband wants to do the same. My worry is, if one of us dies when kids are 18+ what's stopping them demanding half the house.

If i live until I'm or he is old, id like to move house again even if my kids are over 18 without having to give away a half of the asset.

I hope this makes sense.
What have others done please?

OP posts:
IvorTheEngineDriver · 14/03/2024 09:18

This needs a solicitor but basically you need to set up a "minor trust" to hold the DC's share until the youngest reaches 18. At that time the DC's share becomes theirs outright.

If one of you dies after DCs are 18, then the minor trust is n/a and the deceased's share goes to whoever is named in the Will as the recipient.

See a lawyer.

EndlesslyDistracted · 14/03/2024 09:35

Well, if your DH dies now and you have done this, when your DCs turn 18 they get half the house, they don't have to demand it, it will be theirs. So you can't sell it without their agreement and when you do half the proceeds are theirs. You need to thoroughly explore every eventuality.

superplumb · 14/03/2024 12:41

EndlesslyDistracted · 14/03/2024 09:35

Well, if your DH dies now and you have done this, when your DCs turn 18 they get half the house, they don't have to demand it, it will be theirs. So you can't sell it without their agreement and when you do half the proceeds are theirs. You need to thoroughly explore every eventuality.

I'm sure the will writer ( not solicitor) told me I could add something to stop this from happening.

OP posts:
HomeTheatreSystem · 14/03/2024 12:58

Yes, I'm pretty sure you can each give each other a life interest in your share of the house to allow the surviving spouse to carry on living there until you die and which only goes to the kids on the death of the second parent. It doesn't stop you selling the house and buying a new one either. Think you can also put in a clause so that if either one of you remarries or cohabits with a new partner, then you'd need to give the kids the dead parent's share. I'm just signposting things to watch out for but definitely seek legal advice on this.

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