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Help - Giving Daughter my Estate But Not all At Once

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  • I support my daughter via CSM and always have done. I’m hoping that I will still be around until she is 18 but I’m putting in plans due to recent health issues. Her mom is well off so my daughter would never be poor
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 6 September 2018 at 11:18PM
    TK2007 wrote: »
    I support my daughter via CSM and always have done. I’m hoping that I will still be around until she is 18 but I’m putting in plans due to recent health issues. Her mom is well off so my daughter would never be poor
    That is good to hear. You really do need to talk to a STEP qualified solicitor. A complex trust may circumvent the 18 rule but you cannot be certain. As others have said teaching responsibility with money Is sensible. A friend’s 10 year old son is already, of his own idea has started saving for his first car. It is never too young and his two older siblings did the same. The eldesthas just reached 18 and was able to fund her first car herself. Her parents helped with the insurance though! Just one thing you speak of her mom. You do realise this is a UK only board and that might suggest you are American.
  • Yes I am from the UK, Staffordshire 👍
  • Me and her mom do not speak on any level so that it out of the question.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    TK2007 wrote: »
    I support my daughter via CSM and always have done.

    Her mom is well off so my daughter would never be poor

    Her mother's financial status isn't relevant to the fact that you are supporting your daughter financially now and that would be expected to continue if you die while she is still a minor.

    Discuss it with your solicitor but you don't want to leave your estate open to a legal claim which could cost money to fight and reduce your daughter's eventual inheritance.
  • Yes thanks I will discuss that and thanks for the advice 👍
  • Looking at this online it states only owed or arrears CSM can be collected from the estate after death not ongoing CSM? Or maybe I’m reading it wrong?
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Unpaid CM would be a debt and would have to be paid by the estate.

    Anyone who is being financially supported by the deceased would have a claim for on-going support.
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You ex would not have any claim against the estate for herself, if you had a clean break order in your divorce, however, she would be able to make a claim on your daughter's behalf for support during her minority. Talk to your solicitor as it may be appropriate to build this into your will, to avoid the risk of a costly claim moving forward.

    It would be possible to set up a trust to trickle feed the estate to your daughter however there are pros and cons to this - a proper discretionary trust is more expensive to administer and the tax position is different than for a bare trust, so you would need to discuss with your solicitor whether it is the best option for you - which may well depend a lot on the value of your estate and whether it is likely to be cost-effective to set up a more complex trust.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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