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Set up a Life Interest Will Trust to protect inheritance
Advice

Protecting your children’s inheritance with a Life Interest Will Trust

Monika Volsing Monika Volsing
2 min read

Have you thought about protecting your children's inheritance? You may question why you may need to, but certain life events may mean that your children miss out on the inheritance you intend to pass to them.

A Life Interest Will Trust is a type of Trust which is becoming increasingly popular, as it can be used to shield a share of your home from long term care fees.

Typically, a property is held by couples as Joint Tenants which means that on the death of one of them the property passes automatically by rules of survivorship to the other. If the survivor subsequently enters into long term care, the property may have to be sold and the proceeds used to pay care home fees, thus depriving your children of their inheritance.

However, by seeking an expert Wills and Trusts solicitor you can take steps to ensure that the family home is held as Tenants in Common and by creating in your Will a Life Interest Trust, you can protect a share (usually 50%) of the family home as an inheritance for your children.

When both parties die or the surviving spouse enters into a care home, the share of the property held on Trust passes to the children.

The Life Interest Trust is also tax efficient as this type of Trust benefits from the spousal exemption from inheritance tax.

A Life Interest Trust has other uses as well. It is particularly popular on second marriages, as it can be used to provide security for your husband/wife whilst at the same time protecting the inheritance for your children of the first marriage.

If you would like to set up a Life Interest Trust or just discuss your position, please contact our Wills and Probate Team on 0113 320 5000 for expert advice.

Client feedback

We used Winston's to arrange our Power of Attorney and our solicitor, Emily Spencer, was very professional and efficient, and a pleasure to work with.
John
I do not think that the service we received could be improved. We were treated like friends rather than clients - December 2025
David B, Leeds
I cannot thank Winston Solicitors enough for helping me write my Will. Thank you very much Monika.
Anonymous
The whole process of sorting out my wife's estate and a lasting power of atorney was made a relatively easy to understand process because the team we dealt with spoke to us in an easy to understand language. They also acted quickly at every stage as well as always keeping us updated if there were any delays.
David
Fast efficient informative service
Christopher
Many thanks to Monika and staff at Street Lane office for their help and understanding at what was a very sad time for me. So efficient.Ann Campbell
Ann
Monika made the whole Wil process very simple & was more than happy to explain any concerns we had.
Jane
Emily was a very patient and supportive lady, as we were not very clued in to dealing with some of the internet issues and she guided us through it.Emily made altering our wills a breeze, would use this firm Winston solicitors 100 percent for all our business.
Tina
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