To ask you this about trust deeds and DC/DSC

[TrustD]

I've sent an email to the solicitor but just checking if anyone knows here...

My father is setting up a trust fund of which I'm the sole trustee, one of the clauses is that if I were to die then it would transfer to any children I have.

My husband has children from his first relationship, does anyone know whether because we are married, my step children will also be included in that definition? Do I specifically have to name my DC if I only want it going to them if I were to die?

Generally the definition of children doesn't include step children, though it does include adopted children.

Agree with above, unless specifically noted to include your step children by name then it would only include your actual children

Hi OP, I'm a trust specialist. Do you mean you're the trustee or the beneficiary? If the assets pass to your children when you die then it sounds like you might be a life interest beneficiary with your children being the remaindermen / having a reversionary interest. What kind of trust is it?

Whether your step children would be included as remainderman or otherwise, I can't tell you. You need to consult the trust deed, speak to your father (the settlor) or your solicitor.

@Lockheart

Hi OP, I'm a trust specialist. Do you mean you're the trustee or the beneficiary? If the assets pass to your children when you die then it sounds like you might be a life interest beneficiary with your children being the remaindermen / having a reversionary interest. What kind of trust is it?

Whether your step children would be included as remainderman or otherwise, I can't tell you. You need to consult the trust deed, speak to your father (the settlor) or your solicitor.

Thank you.

It's a property trust. It's been put in a trust named the X (dad's name) trust 2021.

My Dad is the settlor in the deed and has lifetime interest in the house and is a joint trustee as well with me. It says it protects the house for me if he re-marries, loses mental capacity or dies.

There is also a transfer deed included to say the register will be changed to Dads name and my name as trustees of the X (Dad's name) trust.

It just says if the settlors daughter shall be deceased beforehand then the trust will pass to 'any children she may have'.

Both me and my Dad agree this needs to be my biological DC only, just trying to work out if it includes DSC in the legal definition because I'm married to their Dad.

I'll see what the solicitor says, thank you!

It sounds like it would be your children only OP, and that would be fairly standard procedure, but yes definitely speak to the solicitor to confirm - without seeing the trust deed itself, I wouldn't want to say for certain.

When I did my will, I was told to specifically name people to be sure so ‘ to my sons, John Smith, Sam Smith and Peter Smith, I leave…..’ I was also told to specifically exclude someone by name if that was what I wanted or give them something, anything, so it is clear what I intended for that person. I think the purpose of this was to try to avoid opportunities for the will to be contested. The more explicit you are, the easier it is for those left behind to understand your wishes, even if they don’t like them.