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Legal, pensions and money

Bloodline trusts/wills

(15 Posts)
grassgreen Thu 18-Oct-18 08:48:28

Does anyone have a bloodline trust mentioned in their will?

My understanding is that it would ensure that my estate passed only to my children/grandchildren.

I have no spouse so this seems sensible to me. Is there anything I need to consider?

FlexibleFriend Thu 18-Oct-18 09:41:45

NO I've never heard of it but my will leaves my estate to named individuals and their descendants which is surely the same thing .

Nonnie Thu 18-Oct-18 10:41:51

I'm not sure it would make much difference, would be interested to read what someone more knowledgeable says,

I will take this opportunity to remind everyone that if they marry their will is no longer valid unless made with reference to the marriage. This means that if you don't make a new will your new spouse will inherit everything and your children nothing. DH things I'm crazy to be concerned about this but I think he would be a very attractive prospect if I were no longer around.

Floradora9 Thu 18-Oct-18 18:11:31

Not in Scotland Nonnie marriage does not cancel an existing will . This can cause big problems to a new wife .

Nannarose Thu 18-Oct-18 21:30:46

I've not heard it called "bloodline", but there is an obvious difference between:
My grandchildren Christopher Robin and Jemima Puddleduck
My grandchildren, including those I don't know about
My grandchildren including adopted grandchildren and step-grandchildren
My grandchildren plus Flopsie, Mouse and Cottontail whose mother is no longer in a relationship with my son, but who I regard as grandchildren.

grannyticktock Thu 18-Oct-18 21:51:59

It's not true that if you die without a will everything goes to your spouse. He/she gets the first (I think)£250,000, the rest goes to wider family such as children. But it's never a good idea to leave your affairs subject to the law of intestacy, always better to make a will making your wishes clear.

If you want your estate to go only to blood relatives, then you can do that, but as Nannarose says. it's best that's make it clear exactly who you're referring to. I think your grandchildren are always your grandchildren regardless of the marital status of their parents.

ChaosIncorporated Thu 18-Oct-18 22:49:18

Bloodline Trusts offer some protection against future AC divorces as the Trust funds cannot be part of equitable division of assets - the monies can only pass to children and grandchildren of the deceased.
However I have no idea if the principle has been challenged in court challenges in court, and no longer have access to WestLaw to check. It would seem feasible that courts could allocate a higher percentage of the non-Trust funds to the other partner, to achieve balance.

Google is your friend grin
(but a good solicitor is a better one!)

Nannarose Fri 19-Oct-18 07:21:55

Your grandchildren may be in different legal positions:

Given up for adoption (usually all ties severed, but some 'open' adoptions keep a relationship with grandparents). Also some adoptions under older laws, or which took place abroad have different legal implications.
A child taken in to care (differing circumstances)
A child whose father (your son) is not named on the birth certificate - who you may or may not know about.

I also wonder if you are thinking of leaving a bequest to someone, but tying up that bequest so that on their death it has to go to their descendants. I understand that is very complicated, and needs specialist legal advice.

M0nica Fri 19-Oct-18 08:55:21

Once upon a time you could use a phrase like descendants of my body, but whether this still applies I do not know.

However, I think what OP wants to do is stop money received from her by her children/grandchildren on her death going to any spouse of theirs if their marriage subsequently breaks up and that, I think, is well nigh impossible.

My biggest query is why so many people come on GN to ask questions about wills and such like. I am not sure there are many solicitors on GN and even when there are, why they should freely dispense legal advice to all and sundry, where in a case like this, the OP clearly has enough assets to worry about so should be able to afford to consult a solicitor specialising in this field who can give all the correct legal advice she needs and then draw the will up.

Apricity Fri 19-Oct-18 09:07:38

Well said, Monica. Discussions about complex legalities are not Gransnet discussions. If you have a legal query consult an appropriately qualified legal professional and get relevant, informed advice about the jurisdiction you live in and not a whole lot of opinions and speculations however well intentioned.

FlexibleFriend Fri 19-Oct-18 09:11:46

Well I don't think you can dictate what happens to the money once they have it. I know if I leave say 100k to my son he will share it with his wife and why shouldn't he. Trying to keep it for just him will cause problems I think. If I try to ring fence it and they divorce in 20 years time and sell the house that my 100 grand went towards why shouldn't she benefit too. Yes I'd advise him to get it all documented at the point of purchase because if the marriage breaks down after a couple of years it's understandable he'd want a bigger portion of the house sale but 20years down the line I don't think that's reasonable.
I consulted two solicitors when drawing up my will, used the will expert but honestly their input was minimal. I'm going to change it shortly and keep it as simple as possible. I have 2 sons and will divide it between them, what they do with it is their choice. I'm not naming anyone else, that way I can't leave anyone out.

grannyticktock Fri 19-Oct-18 10:15:07

I think Gransnet can be useful in pointing people in the right direction, making suggestions, and helping people work out what they need to ask a solicitor. What we say here isn't a substitute for legal advice, but by sharing our own actual experiences, we can help each other know what to expect and what questions to ask.

I do know that when you make a will, you can say what is to happen to a beneficiary's share if that person dies before you do (e.g. if your daughter predeceases you, her share of your estate shall pass to her children). But if you die first, then once the money has been passed on to that daughter, you can't dictate what she allowed to do with it or who should inherit it from her -she might just spend it all!

Nannarose Fri 19-Oct-18 13:03:15

Yes, I think it quite sensible to come here asking for other's experiences and thoughts. Solicitors' time is very expensive, so thinking things through beforehand, means being better prepared and a shorter appointment.
Also, if you find out that you need a specialist solicitor, you don't waste time and money going to one who can't help.

jeanie99 Fri 19-Oct-18 23:06:59

Always best with complicated wills to see a solicitor.
This is not a site to ask questions with regard to something so important.

Dolcelatte Sat 20-Oct-18 07:40:32

It is possible to leave money or property 'on trust', I believe, which is the same thing, so that the immediate beneficiary has the use during their lifetime but, upon death, it passes to their residuary legatees.