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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Inheritance advice

77 replies

Anele22 · 22/03/2021 12:17

My DP and I are not married. We live in his house. I have a house too, in another city, which is rented out. I live on the income from the rent. We each have DC. When we die his DC will inherit his house and mine will inherit mine. My question is what happens if he dies before me? Do I have to move out? I accept that the house will ultimately belong to his DC and I don't have a problem with that. My issue is that it is my home and if he dies I become homeless. I don't want to move back to where my house is - my life is here. I don't want to sell my house as I live on the rent.

Does anyone have a solution to how I can stay in my current home until I die, without depriving his DC of their inheritance? Currently I feel like I'm a lodger here rather than an equal partner.

OP posts:
sleepyhead · 24/03/2021 10:32

I don't think it's "grabby" op. I think you just need to think through the implications and be absolutely clear what your expectations are.

Do you expect to live there for the rest of your life and pay no maintenance costs?

If you expect to pay no maintenance, who do you expect to maintain the property after the death of your dp?

Has your dp made provision for the payment of any inheritance tax, or will the dcs have to find that out of their current income in order for you to stay? (this may be moot if the estate is under the threshold)

Can you afford to stay in the house on your own? Have you worked out what the extra costs would be if you were expected to fund all of it yourself or are you depending on his dc to contribute?

Could your dp take our life assurance to mitigate some of these potential costs?

FudgeSundae · 24/03/2021 10:59

Ok what no one seems to have mentioned is that if you are left a lifetime tenant in the house, what this essentially does is create a trust. This is because there is a separation of legal ownership (his children) and beneficial ownership (you). The trust needs to have executors appointed who would run it, possibly the same solicitor who does your Wills.
In terms of tax, the trust pays a little bit of inheritance tax every 10 years, I think it’s 6% of the value. So you don’t get double taxed on the whole thing but there is some tax leakage.
Best advice is see a solicitor to discuss your Wills and this potential trust and when and how much tax would be due. HTH

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