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Extended survivorship clause in will ?

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  • xylophone
    xylophone Posts: 45,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It would be as well to see a STEP solicitor and make a new will.
    I am assuming that there is a substantial sum involved - a discretionary trust might be a possibility.
  • Savvy_Sue
    Savvy_Sue Posts: 47,337 Forumite
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    pphillips said:
    I don't think it's ever a good idea to add to an existing will, you probably need a new one.
    I would always recommend selecting clauses from precedents rather than using your own words, so that there can be no ambiguity.
    and it's an absolutely terrible idea with something as complicated as this (and yes it is complicated!) so please consult a STEP solicitor and discuss your options. 
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  • Savvy_Sue
    Savvy_Sue Posts: 47,337 Forumite
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    Pete7777 said:
    So I have an illness which in theory could take me out any day. I want to leave this money to someone, but at the moment they aren't mature enough to use it wisely. But under no circumstances would I want the money to go to the family of this person.
    What guarantee have you got that in 3 year's time they'll be mature enough to use it wisely? 

    AND, bear in mind that unless this person makes a will leaving the money to non-relations, after his death they will benefit from any that's still left. You can't do anything about that. 
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  • Pete7777
    Pete7777 Posts: 18 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    pphillips said:
    I think the points getmore4less and Keep_pedalling were trying to make is that if X dies 3 years and one day after you do, then the inheritance would still be paid out but would be claimed by X's relatives. A will trust might be more suitable to avoid this type of unintended consequence.

    Ah, gotcha. I misread it. Cheers
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    The problem is if you don't want this persons family to get the asset then you cannot give it to that person.
    If a time comes that you are willing to trust that person MAY follow your wishes not to give it to family then you could.
    if that person does have access and dies who do you want the money to go to?
    One alternative is a trust where you trust the trustee.
    Controlling money from the grave is not easy and often works best where there is a mutual interest reason like TAX or benefits

    I think you need to think through what you are trying to do first then look for solutions preferably using a solicitor to avoid massing it up. 
    Survivorship clauses can have tax implications as IHT does things a little different to the obvious in some circumstances anyone thinking of using them or the defaults should check that out.
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