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Will dillemma. Trust fund?

57 replies

ComeSailAway · 20/03/2022 14:24

Hi all,

I am about to write a will having received a terminal diagnosis.

I want to leave the majority of my modest estate (I have a house and some money from a recent inheritance) to my long-term partner. We are not married. I have other family, including siblings and nieces/nephews who would also benefit from the money but partner is my first priority.

He is financially destitute and has several siblings/nieces/nephews. His siblings are comparitavely well-off (second homes, rental properties etc).

So here is my problem: I would like partner to also make a will, stating that upon his death the remainder of my estate (if there is anything left) will revert to my family. He agrees in principle but won't actually do anything about it. Time is ticking on and I am due to have surgery soon.

Is there any other way of putting my wishes into effect? If I leave my estate in a "Trust fund" for example? I don't want to restrict what he can do with the property/money but I don't see why his brothers should inherit my parents' money if something happens to him.

Any advice will be gratefully received.

OP posts:
Horcruxe · 04/04/2022 20:20

I got a will with a trust. For approx 330.

I think you're being charged for having the will signature witnessed

ComeSailAway · 04/04/2022 20:43

I feel like a right mug now. Well, at least I haven't sent all the required information for the trust to be set up yet, so presumably I can change my mind about that one.

Thanks all. Feeling a bit down, but lesson learned! I need to be more suspicious I guess.

OP posts:
FinallyHere · 04/04/2022 21:36

He assured me the price for the LPAs was less than a high street solicitor would charge so I went ahead and paid for that in the first place

When I asked our family solicitor about LPA they suggested that I download the forms, find a friend to 'certify' that I am of sound mind and DIY.

The forms are pretty comprehensive, with lots of notes to explain as you go along, so I see little chance of anything going wrong.

I have passed this on to many friends and family. The only issues I have heard of were someone who used their nickname rather than their full name. Otherwise, no issues

If you are comfortable filling in forms, I would find it difficult to be comfortable with a solicitor who sold you this.

Just caught up by with the tread and seen similar answers. As a general rule, don't just believe people when they say 'this will cost less than a high street solicitor would charge, get some quotes from high street solicitors , making sure they are like for like and take it from there. Good luck.

ComeSailAway · 04/04/2022 23:47

Thank you FinallyHere.

I wonder if it is too late to cancel the contract, as he hasn't actually provided the documents yet.

OP posts:
inheritancetrack · 05/04/2022 12:44

See a solicitor. they will write up a trust agreement that he lives in the house until death, or downsizing and then it goes to your siblings according to your wishes.

If you don't do this no end of shit happens (we are in this situation now) . A trust agreement must be drawn up by a solicitor, its not a do it yourself situation. Its not about trusting your DP its about having your wishes secured.

ComeSailAway · 05/04/2022 14:48

Thanks Inheritancetrack. Sorry to hear you are having this problem.

OP posts:
TwoBlueFish · 05/04/2022 15:00

You could leave the whole estate to a discretionary trust with your partner and your family of beneficiaries. You can then leave a detailed letter to the trustees saying that your partner has priority until his death.

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