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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
This blog is more than 8 years old

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

As executors of my Mum’s estate we needed to apply for Probate. We met with Monika Volsing to discuss Probate and she talked us through the process and was very friendly and helpful. Any questions we had were always answered promptly. The whole process was very quick and we cannot fault anything.
Tracy
Great service the team at Winston’s solicitors are amazing at what they do! Thank again guys
Anonymous
Monika from Winstons has just updated our wills.Fast and efficient process and we appreciated her personal involvement explaining matters fully and with great clarity.
Anonymous
The service provided was excellent. My family have used your services on three occasions. In every case we have been totally satisfied.
David. B, West Yorkshire
Emily made the whole process hassle free. Everything was clearly explained in a friendly yet professional way
Mark
My wife and I instructed Momika Wolsing of Winstons Solicitors to draw up new Wills.I am please that we did so and am happy to provide a review in this context As a former lawyer myself, I have a critical eye.We found her efficient, knowledgeable. helpful and pleasant. She has an eye for detail and knows her business.She drew up the Wills in good time.Her fees were reasonable Her support staff are also pleasant and efficient.Altogether, from first to last, we received a 5 star service and I was happy to instruct Winstons as co-executors of the Wills.
Paul
I found Winstons to be a highly professional, efficient and compassionate firm of solicitors. The original estimate of fees for dealing with a complex probate matter including the sale of a property and dealing with inheritance tax proved to be very close to the final amount charged. At all stages throughout the process I was kept well informed of progress and was consulted whenever necessary. All correspondence was polite and pertinent, and my wishes were acted upon promptly. I would have no hesitation in recommending Winstons to others and would readily use their services myself in the future should the need arise.
Anonymous
Recently I have used the services of Winston Solicitors to deal with my wife's estate and to update my will. In both cases everything was explained in straightforward language and so was easy to understand. Things were dealt with promptly and I was always kept informed of progress. The friendly approach of members of the team made a difficult situation much easier to deal with. My family will certainly seek the services of Winstons when required in the future.
David
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