Gransnet forums

Legal, pensions and money

Wills favouring blood line only

(37 Posts)
Barmeyoldbat Sun 21-Apr-19 10:31:04

Yes it is possible we have just done it. First you need to be tenants in common, easy to do, then each of you leave your share of the house to your bloodline. So when one of you goes, their share of the house goes into a bloodline trust. The person still living is still able to live in the house, or sell it. If you sell to downsize then the cash left over from the sale is divided between the trust and the person still living. You have an executor for the trust , we have my son, who can if he wants put money from the trust into the new house. The trust only starts when one person has deceased. The money is held in the trust until the last person goes. You can state how you want the trust ones divided between your bloodline. Say 90% to your son and 5% to each of the two gc or as in our case the whole lot to one one person. By doing this you are also protecting yourself against all of your assets being used if one person is left and has to go into care. We went to a solicitor who dealt with trusts. New wills were also included in the set up.

dragonfly46 Sun 21-Apr-19 09:44:17

Yes it is possible - we were in fact advised to do this so that if my AS predeceases his wife the money goes to the GC.

Silverlining47 Sun 21-Apr-19 09:31:42

My husband and I made a new will soon after we married, both for a second time, both with children and he had previous step children too!
It can get quite complicated and the question of one partner remarrying after the death of the other and with possibility of assets disappearing to the new family is quite an unsettling conversation! Some sort of trust was written into our will to cover this. You definitely need to use a solicitor.

Cabbie21 Sat 20-Apr-19 21:41:04

If you own your house as tenants in common, rather than as joint tenants, each spouse can bequeath their share to their children, or whoever, and a carefully written will can allow for the surviving spouse to be able to stay in the house, or to sell it, so each side can( eventually) inherit their share. A solicitor will make sure things like insurance, maintenance and repairs are covered too.

Nannyxthree Sat 20-Apr-19 19:57:17

Thanks for the replies. I want to be clear in my own mind what I want to achieve from a new will before I go to a solicitor.

Tangerine Fri 19-Apr-19 20:12:52

I've had to think about this. What I did was consult a Solicitor and she sorted things out for me.

Callistemon Fri 19-Apr-19 20:08:21

You have to make a new will immediately, as you old will is not valid upon re-marriage.

CanadianGran Fri 19-Apr-19 19:09:27

You need to have a will, and advice from a lawyer. For instance my mother remarried several years after my father passed away. She owned her house, and her new husband had grown children, as did she (he came into the marriage with almost no assets).

She had a trust whereby her husband could live in the house as long as he was able, but then it would be sold and dispersed to her children. Any assets gained while they were in the marriage were split with half to him and half to her children. As it turned out, her husband was in the early stages of dementia when she passed away, and he did not last very long living on his own in the house. My sister whom he was close to helped settle him in an assisted living home and worked with his family to settle any savings he and Mum had.

Good advice and advance thought can solve so many issues with estates.

HildaW Fri 19-Apr-19 19:02:01

I believe there are laws in Scotland that allow for some lee way but in England you can write your Will how you like. Something like this has happened twice in our extended family. Second partners or a friend rather than children or grandchildren inherited. In both cases there were no grounds for contesting the Will (the grounds are very difficult to prove).

Gonegirl Fri 19-Apr-19 18:16:46

This is something you have to be really careful about. It can happen. I would think the best way, if you see any possibility of this happening, would be to leave everything to your grandchildren in your will.

Eglantine21 Fri 19-Apr-19 17:58:44

Of course it’s possible. You can write your will however you like.

Nannyxthree Fri 19-Apr-19 17:53:24

Does anyone know if this is possible? I have seen several cases now where the AC has predeceased their partner and the partner has remarried. The new partner outlives your former son/ daughter in law and then has control of the inheritance meant for your grandchildren.