Because The Future Isn’t Certain

What is a Trust?

A trust is a legal ring-fence built around an inheritance to protect it from outside influence.

The most common Will Trust included in even basic wills would be one that protects inheritance left to a child under 18. Legally they cannot inherit directly and there is a risk of them spending all of the inheritance very quickly on the latest Games Consoles! For that reason, whenever a minor is named as a beneficiary in a Will it must contain a trust to ensure that their inheritance is looked after by a responsible adults (the Trustees) until the minor attains a certain age (often 18 yrs– 25 yrs).

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    What if my Spouse re-marries after I die?

    It is entirely possible that a widow / widower at some point will meet someone that they feel close to. It is also entirely possible that they may wish to marry that person. But what does that mean to my children’s inheritance?

    A very popular Trust today is included in a Will to ensure that a spouse or partner is able to have the use of a specified asset (often the home) for their lifetime if they out-live you.

    After you have died your property or your share in your property it is put into the Trust. Your spouse / partner can continue to live in the property for the remainder of their lifetime and even re-invest the value in a different property meaning they can downsize or move into a bungalow or apartment if needed.

    When your spouse / partner eventually dies the Trust is brought to an end and the asset passes to your chosen beneficiaries.

    The Trust ensures that your property is protected for your beneficiaries if your spouse / partner re-marries in the future due to the protective Trust ring-fencing the asset. It doesn’t form part of their estate and it is therefore impossible for them to “leave” it to a new spouse whether intentionally or otherwise.


    What if my Spouse or Partner requires Care after I die?

    You may wish to leave your spouse or partner the right to reside in your property for the rest of their life but want to ensure that your interest in the property eventually will go to your children or other beneficiaries rather than be used to pay for your partners / spouses care costs.

    Putting a Trust in place means that you leave them the right to make use of the asset for the rest of their lifetime whilst also ensuring  the asset cannot be assessed by the Local Authority to fund your spouses’ / partners’ care and will remain protected for your beneficiaries.


    Can I protect my beneficiaries from people or unfortunate life events even after I have Passed-away?

    Yes! You may wish to include a Trust to protect a vulnerable person from the outside world. This may be to stop a particular individual taking advantage of them and their inheritance or it may be to ensure that they have a Trustee to help them budget properly so as not to diminish their inheritance too rapidly.

    A common concern is that our vulnerable beneficiary may be disqualified from receiving means tested benefits if they inherit too much directly from our estate – potentially leaving them worse off in the long run.

    Trusts of this type are often included in a will to safeguard a beneficiary with drug or alcohol dependency.

    Will-based Trust protect your estate and your beneficiaries in all of these circumstances and more! An important but often overlooked element when writing Wills.


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