Protecting children's inheritance

WillowCat

Gavin83 wrote: »

Although a pre-nun might help to stop a 50/50 split of the assets as a starting point it won't remove his interest in the property entirely and therefore she'd still owe him a portion of the property. Only way to remove his interest entirely is to stop charging him rent, although I'm willing to bet she won't want to and would rather have her cake and eat it. Saying that I've a feeling the OP won't be returning anyway.

A pre-nup is entirely enforceable subject to their being no vitiating factors (duress or undue pressure to sign, non-disclosure of assets, possibly lack of legal advice etc) and that there have been no significant unexpected changes of circumstances. The weaker party must not be left 'in a predicament of real need' according to the supreme court, however needs are much less generously interpreted than in a normal financial hearing and only serve to prevent complete destitution.

The downside is that if a pre-nup or other marital agreement is challenged then the matter must be addressed through court. It's taken me three years and eight court hearings but my DIY separation agreement was finally upheld in full.

Gavin83

WillowCat wrote: »

A pre-nup is entirely enforceable subject to their being no vitiating factors

Yes I know that's what I said.

Chief01

Thank you for your comments. In reply to Gavin83, NO I do not want my cake and eat it :mad:. What I want is in the event of my DEATH, to protect my two children from losing what is rightfully theirs and what their Mother has worked tirelessly for over many years.
I should have made it clearer that my partner has a property of his own which he rents out and receives an income from.... I do not benefit from this and never intend to! I should also have said that I have a high value to loan (over £400k equity) and so would not expect that my partner who, other than contributing to bills, should be entitled to. Thank you to those of you :Awho didn't make judgement on my intentions, I have now taken legal advice :j

Mojisola

Chief01 wrote: »

I have now taken legal advice

In general terms, how did the solicitor recommend that you solve the problem?

LilElvis

Chief01 wrote: »

Thank you for your comments. In reply to Gavin83, NO I do not want my cake and eat it :mad:. What I want is in the event of my DEATH, to protect my two children from losing what is rightfully theirs and what their Mother has worked tirelessly for over many years.
I should have made it clearer that my partner has a property of his own which he rents out and receives an income from.... I do not benefit from this and never intend to! I should also have said that I have a high value to loan (over £400k equity) and so would not expect that my partner who, other than contributing to bills, should be entitled to. Thank you to those of you :Awho didn't make judgement on my intentions, I have now taken legal advice :j

Of course people made judgments, but only because you missed out a massive part of the scenario. How do you expect to get reasonable advice if you don't give fundamental information?

Gavin83

Chief01 wrote: »

Thank you for your comments. In reply to Gavin83, NO I do not want my cake and eat it :mad:. What I want is in the event of my DEATH, to protect my two children from losing what is rightfully theirs and what their Mother has worked tirelessly for over many years.
I should have made it clearer that my partner has a property of his own which he rents out and receives an income from.... I do not benefit from this and never intend to! I should also have said that I have a high value to loan (over £400k equity) and so would not expect that my partner who, other than contributing to bills, should be entitled to. Thank you to those of you :Awho didn't make judgement on my intentions, I have now taken legal advice :j

Well done on proving me wrong and returning!

You've made quite a few changes to your OP, are you saying your partner isn't paying you rent and instead just paying half the bills? In which case you'll be fine.

Robisere

Before you changed the scenario, I was thinking of the ages of your children, who are not too many years away from entering into relationships themselves. They will need help financing their own housing arrangements, is what ocurred to me. Then I realised that you had probably included that same thinking in your plans to leave them the house, should the worst happen.

That is great forward planning and I admire you for it. Your children have a very thoughtfull mother, who has their future interests at heart. I hope you live a long and happy life, surrounded by grandchildren and great grandchildren.