Challenging a Will

Spendless

I'm positive there was a thread on here a short while ago where it was mentioned you couldn't actually dis-inherit a spouse? is this will not counted as going as far as this? .

As to having 'his' and hers' money I have spoken out about this many times, and I never even considered someone building up a fortune that they could leave to someone other than their spouse.

All the best to your aunt.

carlih1

Hi

i thought i would add that as a couple (married or not) you can arrange your Wills to protect at least some of your assets against the fees. Rather than leaving everything to each other, you leave your share of assets to an Asset Protection Trust. The terms of the Trust allow your partner to have the use of the assets - most typically it allows them to carry on living in your share of the family home just as if they owned the whole property.

However, your partner does not own the assets in the Trust. So if they have to go into Care and the house is sold, it is only their share of the house that has to be paid towards the Care Fees. The part owned by the Trust is kept safe for passing on to family or friends as you specified in your Will.

He seems like he is doing a very sensible thing and also trying to save money on tax i was just wondering how much the house is worth. He has a lot of money in trust for the children so unless the house is worth hardly anything he would still be liable for inheritance tax!

Carli

payless

Perhaps ( on top of any IHT issue) he was worried that "aunt" would remarry and leave the house to new partner ( and later his issue) rather than their own kids

obviously would have better to talk it thro' first