Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Wills and lifetime interest trust - England

6 replies

PragmaticWench · 22/06/2022 08:34

I am married and own our house as Joint Tenants with DH. In England if that makes a difference. We are making wills and looking at putting in a lifetime interest in property. As I understand it:

a) We now change our ownership to Tenants in Common
b) Upon my death (or DH's death in reverse) my 50% of the property ownership would pass to our beneficiaries and DH would be able to live there for his lifetime.

My questions are:

  1. After my death, if DH remarried, upon his subsequent death would his new spouse then have a right to live in the property until their death, or would our beneficiaries take possession from the point of his death? So, is the lifetime interest extended to any new spouse or limited to my DH?

  2. If we change our current Joint Tenancy to Tenants in Common to set this up, are there any implications if we divorce at some point?

Many thanks. I don't want to go into this blindly.

OP posts:
prh47bridge · 22/06/2022 09:22
  1. No. The lifetime interest is for your husband only. He cannot pass it on to anyone else.
  2. No. How the marital home is owned is irrelevant in divorce.
PragmaticWench · 22/06/2022 09:46

Thank you @prh47bridge, I'd hoped you might be around to advise! That's reassuring to know the lifetime interest can't be passed on. In practical terms I suppose that means the property must then be sold at that point, or the surviving subsequent spouse could buy out DH's share if they'd bought a property together (where DH had used the money from our property to do so).

Also reassuring about divorce. There's no reason to think we'd divorce but it's best to plan ahead and make sure I wouldn't be in an adverse position as Tenant in Common.

OP posts:
catndogslife · 22/06/2022 10:04

My understanding is that the lifetime trust is for your DH only. Any future spouse or cohabiting partner would not benefit in future.
The trust that we have set up for a relative has the condition that the property must be sold upon remarriage.

PragmaticWench · 22/06/2022 10:20

Okay. I wouldn't want to preclude DH from marrying again so I think until he dies would suffice, provided the inheritance is protected from being used by any future spouse.

OP posts:
cottagegardenflower · 24/06/2022 20:34

Its often a stipulation of the life interest if half is for the benefit of others (such as children of the marriage), that anyone moving into the home as a spouse, lodger, partner etc, must sign a disclaimer that they are aware they must vacate the house following their husbands death. Of course they will usually be left his half of the house, so if your current mirror wills leave everything to your DC but he remarries, that is overturned by the marriage and he must provide for his wife on his death.

sorry if that sounds a bit jumbled, but we are currently in this situation so it is our experience.

Shannonseahorse · 10/03/2023 01:23

My nan left me a trust all her life ,when she died my aunt became beneficiari but cashed while I was 15. Then bought a house , please how can I find the trust or info I need

New posts on this thread. Refresh page