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Share your dilemmas and get honest opinions from other Mumsnetters.

Told I can’t use this premium bonds money for our house deposit as it’s illegal?

603 replies

kiav · 27/09/2024 11:19

We have two premium bonds accounts. One is in my name and one is in DD’s name. We have 50k in mine and 30k in DD’s.

we are now in a position to buy a home. We will need the 50k for a deposit and we also need the 30k for things like stamp duty, new sofa, to do a small bit of work that needs doing in the downstairs etc.

I have been told by a friend it’s illegal to use Dd’s 30k for this? This is money we have saved from our income but now our circumstances have changed we need it. Surely premium bonds should tell you this before you invest??

OP posts:
Thread gallery
7
TutiFrutti · 27/09/2024 13:50

This thread highlights the difference between what is legal and morally right.
I have an acquaintance who has done exactly this scenario.
She inherited a substantial sum of money and place £50k in her own and each of her 2 children's names.
She told the kids it's not their money, they don't benefit from the prizes and she fully intends to withdraw the kids funds just before they can take control.
It's already damaging her relationship with her children, I dread to think what things will be like between them as adults.
But legally she's doing nothing wrong.
That said the ops child is probably young enough to never know.

llamali · 27/09/2024 13:51

Cerealkiller4U · 27/09/2024 13:49

You said why would the mortgage company need to know where the funds came from

i I said they absolutely do need to know where it comes from. Not that she’s been gifted the money.

good lord

They will want to see the statements you're right. And if one is in their child's name there will be questions.

Magnastorm · 27/09/2024 13:52

stammergreetings · 27/09/2024 13:16

https://kennedyslaw.com/en/thought-leadership/article/2023/fiduciary-duties-owed-by-trustees-an-introduction/

If you want one specifically for a parent or a child, you search. This is an established point of law.

That said - there is no issue here. OP can spend the money towards housing for her child. It would be an issue if what she was buying was designer handbags for herself.

That article has absolutely nothing to do with what is being discussed. That's concerned with trustees for wills. I asked for something specifically about the actual thing under discussion.

Unless, as was blatently obvious, you have no idea what you are going on about, do you?

🤔

stammergreetings · 27/09/2024 13:56

Teateaandmoretea · 27/09/2024 13:45

I was going to post the same.

Money laundering 🤣🤣.

The penalty for small time tax avoidance is that the revenue send you a bill. I really think that some people on here watch too much American telly.

HMRC would never send you a bill for tax avoidance because they can't. Tax avoidance is perfectly legal in the UK. Putting 50k into premium bonds rather than a standard savings account is tax avoidance and it's absolutely ok.

It's amazing how confidently people who don't actually know what they're talking about can state things. I'm going to drop out.

Magnastorm · 27/09/2024 13:56

Commonsense22 · 27/09/2024 13:45

OP, you clearly don't like any of the answers. What you want to do is not illegal, but yes your daughter could pursue you for return of the funds later technically.

It's just morally questionable / people are unlikely to support your choice. It was just probably lacking in foresight on your part to save the money in her name when you couldn't afford to.

"yes your daughter could pursue you for return of the funds later technically."

Nope.

More utter nonsense.

TheCultureHusks · 27/09/2024 13:58

stammergreetings · 27/09/2024 13:21

We don't ultimately know why the money is in the child's name. I agree it could have been saved in other ways (although we don't know if OP has also maxed out her ISA limits), and I also agree the tax saving is minimal anyway and it doesn't really make sense someone would commit fraud to save basically nothing.

However, there are loads of people on this thread saying this is what everyone does when they max out their own 50k limit so clearly for some reason some people do it (and it is a good way to have a very low risk tax free savings pot). The fact that the OP didn't have any need to commit fraud (and probably didn't even think of it as fraud), doesn't mean she didn't commit fraud.

Is it something that she'll go to prison for for 20 years? Obviously not - but if Premium Bonds found out that they money was never actually her child's they'll ask for the winnings back. That said, how would they ever find out?

They’ll ask for the winnings back?!

🤣🤣🤣🤣🤣

this thread is insane.

They. Pay. The. Winnings. To. OP. In. The. First. Place.

Mamabobogo · 27/09/2024 13:59

IVFmumoftwo · 27/09/2024 11:25

That is money for your daughter. Don't you think you will feel guilty if you use that?

The benefit of giving her a secure home outweighs that guilt.

Winteriscominginfast · 27/09/2024 13:59

It's her money and as a child it's tax free. If you use it you will owe a lot of money in tax.

Windrainandsnow · 27/09/2024 14:00

HumptyDumptysWife · 27/09/2024 13:38

There is no tax payable on P Bonds.
They don't gain in value - ie interest.
They are only of value if you win something in the monthly draw and that is tax-free.

Edited

I know that! I have premium bonds myself!

OP said she took the winnings from the bonds in her child's name. Which are tax free. So she is gaining tax free winnings. And denying her child the winnings.

pinkfleece · 27/09/2024 14:01

What has it got to do with your friend? just take the money out and use it. Why was she even invovled?

Magnastorm · 27/09/2024 14:02

Winteriscominginfast · 27/09/2024 13:59

It's her money and as a child it's tax free. If you use it you will owe a lot of money in tax.

Not true.

prh47bridge · 27/09/2024 14:03

Winteriscominginfast · 27/09/2024 13:59

It's her money and as a child it's tax free. If you use it you will owe a lot of money in tax.

No she won't. There would be no tax payable.

IamwhoIsayIam · 27/09/2024 14:06

Mumsnet talks quite frequently about how DH/DW or DPs share their income with many people saying it 'all goes in one pot'. I include our children in that. When my son wins on premium bonds it is paid into my account as I am the legal account holder because he is a minor and those winnings 'go in the pot' with our incomes to pay for food, bills, holidays, it is family money which we all benefit from and he is contributing to it.

stammergreetings · 27/09/2024 14:06

Magnastorm · 27/09/2024 13:52

That article has absolutely nothing to do with what is being discussed. That's concerned with trustees for wills. I asked for something specifically about the actual thing under discussion.

Unless, as was blatently obvious, you have no idea what you are going on about, do you?

🤔

Edited

Seriously, did you pass Equities and Trusts? It's the same law.

ThatsNotMyTeen · 27/09/2024 14:07

Your mistake OP was posting on here.

just do what you were going to do. If your solicitor has an issue, they’ll tell you. You can evidence the source of the funds and show that they have not come from ML. If HMRC think tax is due they’ll get in touch. This place is ludicrous sometimes. And don’t tell any more “friends” your plans.

Cantbelieveit888 · 27/09/2024 14:07

I'm actually howling at the comments on this thread.....

I literally can't take this thread seriously.....................

Yet I'm addicted to read more insane comments that are being bandied about......

Trusts/wills..................like what on EARTH!!

leafybrew · 27/09/2024 14:08

Portalsalways · 27/09/2024 11:50

If the 5 year old ever decides to get premium bonds they will find out.

its not being used to buy the family home is it? It’s for some work and a sofa.

The child’s isn’t responsible for enabling Op to buy things for a house.

The Op has been on a position to save 30k over 5 years. But now as ‘our situation has changed’ is the time to buy a home the op and partner can’t afford using their own money?

I hate to point out the bleedin' obvious - but it is the OP's money. It doesn't make a jittedy jottedy bit of difference whether the money saved was under her husband's name (which it could have been - up to another £50k) or one of her children's names. It's all family money.

That's how a lot of families work.

The pearl clutching and general near sightedness on this thread is totally astounding.

And to the poster who 'works in the industry' - bully for you. Tell us what your incredibly important job is. No - hang on - don't. Because you're chatting sh**

ThatsNotMyTeen · 27/09/2024 14:08

Winteriscominginfast · 27/09/2024 13:59

It's her money and as a child it's tax free. If you use it you will owe a lot of money in tax.

Even if tax were due, the tax on a few years of interest on £30k is unlikely to be “a lot”.

Magnastorm · 27/09/2024 14:08

stammergreetings · 27/09/2024 14:06

Seriously, did you pass Equities and Trusts? It's the same law.

Seriously, stop digging.

Cantbelieveit888 · 27/09/2024 14:10

leafybrew · 27/09/2024 14:08

I hate to point out the bleedin' obvious - but it is the OP's money. It doesn't make a jittedy jottedy bit of difference whether the money saved was under her husband's name (which it could have been - up to another £50k) or one of her children's names. It's all family money.

That's how a lot of families work.

The pearl clutching and general near sightedness on this thread is totally astounding.

And to the poster who 'works in the industry' - bully for you. Tell us what your incredibly important job is. No - hang on - don't. Because you're chatting sh**

Thank you someone who isn't insane!!

Fastback · 27/09/2024 14:13

kiav · 27/09/2024 11:24

I just think it’s crazy as it’s obviously money we have tried to save for her but our circumstances as a family have now changed

You want a new sofa?

DadJoke · 27/09/2024 14:15

Magnastorm · 27/09/2024 12:48

Just... nonsense.

Premium bonds in a child's name are managed by their legal parent or guardian up until they are 16.

Legally, this gives the responsible persons the absolute right to withdraw the money and spend it however they choose. No ifs, no buts.

Now, you can make a dubious moral argument about the money belonging to the child, so maybe OP should ask the kid whether she wants have a house over their head or not, and report back?

Brilliant - someone with absolute certainty on this issue! Can you please point me at any evidence online which suggests you can spend money not in trust in your kid's name however you like? I'm not disputing, just would like to see any evidence at all.

Cantbelieveit888 · 27/09/2024 14:17

DadJoke · 27/09/2024 14:15

Brilliant - someone with absolute certainty on this issue! Can you please point me at any evidence online which suggests you can spend money not in trust in your kid's name however you like? I'm not disputing, just would like to see any evidence at all.

Can you please provide me evidence that you are not allowed to withdraw your child's premium bonds (which we've already seen that is untrue with evidence) and spend it on behalf the child?

mouseinthedrawer · 27/09/2024 14:25

OP, you created a trust by putting the money in DD's name. You had the max PBs in your personal capacity, and so for the other £30k you were acting as trustee for your DD who was named on the account. A trust doesn't have to have a written deed (unless it relates to land) and can be created by actions. What you've got is a bare trust, an outright gift of funds for DD with her as beneficiary and you as trustee. In a bare trust the beneficiary is absolutely entitled to the trust fund, but can't call on it until 18. There's a lot of stuff on this thread that's not seeing the legal position, or otherwise saying who cares. But I think perhaps what you need to do is ask a solicitor to draft a short document to record the fact that £30k towards the house purchase (and other costs) came from your DD's trust.. Those funds are hers legally but you have acted for her benefit using them to provide a home for you both.

DadJoke · 27/09/2024 14:25

HumptyDumptysWife · 27/09/2024 13:09

The same amount could be put entirely legally into an ISA (in OP's name) where the interest is tax free.

£20K pa is the ISA limit.

There's a lot of incorrect stuff being spouted here.

Yes, that would be entirely legal, but instead they wanted to go over their premium bond limit by putting money in their kid's name which they fully intended to use themselves for their own purposes.

So my question, which is very simple, are there any limits on what you can spend your kid's money on? Lots of people have said with certainty, you can spend it on what you like, but no one has provided a shred of evidence for it, and I can't find a source which says either way.

This is what the NS&I terms and conditions say:

""Any Bonds bought and any prizes paid in relation to them will belong to the child. The parent or guardian will have responsibility for managing the Bonds and any prizes paid for the child’s benefit. The child will then begin to manage their own Bonds when they reach the age of 16""

However, you are also allowed to cash in the bonds any time you like, even your kids.

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