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Will - deed of Variation

3 replies

SanityAssassin · 21/10/2016 12:16

Hi, I am due a large inheritance from my Father who died earlier this year.

My marriage is also a disaster and probably near the end of the road.
Could I get a Deed of Variation on my Dads will to pass my inheritance direct to my children to be held in trust for them til they are 30 (or so) - Ideally the trust would invest it in property for them?

Also I have about £100K sitting around from another inheritance. Is there any way of protecting this from being classed as a Marital Asset? Can I just give it my kids now.

Grateful for any advice Thanks.

OP posts:
MrsBertBibby · 21/10/2016 13:01

If your inheritance has been kept separate from other family assets, there's a fair chance it would be ringfenced.

You could vary the will as you suggest but frankly, a court woukd be well aware of what you had done, and not impressed. An inheritance coming in at the end of a marriage is again not likely to be considered part of the pot. Available to meet your needs, but not to inflate his share.

You should take proper advice, though, there could be other factors that would change the position.

SanityAssassin · 21/10/2016 14:14

Thank you for your advice. The Inheritance I have is in savings & Premium Bonds in my name. I did spend some of it on a new car for me (in my name) and some white goods. I haven't had my Dads inheritance yet as we need to sell property first. I intended to spend the lot on a rental property (in my name) but was wondering that if my marriage does end how to keep the maximum safe for my children.

OP posts:
prh47bridge · 21/10/2016 18:22

Second MrsBertBibby. You need to see a solicitor who can give you proper advice once they fully understand your situation.

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