Lifetime Trusts
Most of us work very hard over the years to buy our own homes or build up our savings for our retirement and would like to leave a little something for our children and grandchildren.
However, a Will can only dispose of the assets that you own at the date of your death, and if the value of these is eroded during your lifetime, there will be little if anything left for your beneficiaries to inherit.
Lifetime Living Trusts are specifically designed to protect your assets for you during your lifetime.
They give you the peace of mind that your estate can be passed on securely and intact to your spouse, your children and their bloodline, and have the best protection that is available.
The benefits of having a trust are many, and can protect against the reasons that would prevent your family from inheriting:
- Assets are held in Trust for you during your lifetime so they are protected against future potential creditors leaving an estate intact.
- Assets in Trust do not pass through Probate, making it quicker easier and cheaper for your chosen beneficiaries.
- A Trust will protect against sideways disinheritance if the surviving spouse remarries.
- Trusts protect against claims on your estate from making sure Your wishes are respected.
- They guard against any lost inheritance to debt or divorce.
- They protect disabled or vulnerable beneficiaries who an outright inheritance would be of no advantage.
Unlike a Will Trust that happens after you are gone, these are set up to provide all this during your lifetime and after you have passed for up to 125 years.
PLEASE NOTE:
All our Wills Trusts & LPAs are drafted by qualified SRA & STEP Solicitors so you have the complete peace of mind knowing you are dealing with something who truly knows what they are doing so that problems do not occur further down the line.
From 1st of September, ALL Trusts whether a Lifetime or a Will Trust needs to be registered on HMRC Trust Registration Scheme or your Trustees will face financial penalties.
As part of all our instructions we will automatically undertake this work on your behalf.
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What our customers are saying
FAQ’s
Here’s a small selection of the recent things as Estate Planners we’ve been asked about.
I don’t need a will my family can sort it out can’t they?
Well yes they can, however, dying intestate which is the legal term for not having a Will and the laws that surround this are more complex.
And you have no say in who will inherit your estate, that no matter what you have to leave whether it be a house, a car, jewellery or money, do you really want the State to decide who gets what. It’s a sure fire way to cause a family disagreement when no one knows who you wanted to have items of sentimental value.
There is also a more important reason if you have children and don’t appoint Guardians, then the Courts will decide who brings them up. That doesn’t guarantee it will be who you would have chosen and until a court appointed guardian is in place, they could well be in Local Authority Care.
We are thinking of putting the house in our children’s name.
In an ideal world this seems such a simple thing to do. The reality is very different.
If your house is owned by your children, this means it’s their asset and you are no longer the owners.
Which means should they divorce it will be used in the financial settlement award to the other spouse. If they get into debt it will be used as an asset to settle this. If they like, they can re-mortgage or secure finance against it.
They can sell your home without any consent from you, leaving you without the roof that you worked hard to put over your heads.
It will all go to my Partner won’t it?
Well, unfortunately unless you own your property and bank accounts as Joint owners then this may not happen as English Law doesn’t recognise “Common Law” no matter how long you have been together. They only way that you can guarantee they will get what you want them to have is by writing a Will.
I made a Will leaving something to my children before I got married.
In an age where blended families are common, many people are surprised that the act of Marriage invalidates your will, so even if you made one previous to your wedding then you will die intestate. That means that the law leaves the first £270,000 and half of everything else to your new Spouse. Also, once someone has inherited, its theirs to do with as they please and a surprisingly high number of step children are either accidentally or deliberately disinherited.
We aren’t old enough for LPAs or a Will.
None of us like to think there will be a time when we can’t manage without help, whether that be someone doing your shopping or paying your bills. Or even worse who will look after your loved ones when you can’t.
Unfortunately, dozens of people in their 40’s are being diagnosed with dementia, some as young as 23.
That’s without the effects that Viruses like CV19 can cause leading to long term care needs.
Also, accidents happen and none of us have a crystal ball to foresee what’s around the corner.