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Trying to avoid a probate IHT mess...

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  • xylophone
    xylophone Posts: 45,623 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    with the proviso that if B does not survive A by 28 days then the estate residue is split equally between the children (which is then itself a problem because there's no detail on how it would be administered for the 2 minor children).

    No problem in so far as the two minors cannot give good receipt/hold real estate in their own names and therefore the default position is a bare trust until they reach their majority.

  • Keep_pedalling
    Keep_pedalling Posts: 20,896 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Oh, the joy of DIY wills. I think you need to take legal advice to make sure what the testator wanted happens. As it stands B inherits, so what happens to the bequest if he dies, runs into financial difficulty or has to go into care? 
  • xylophone
    xylophone Posts: 45,623 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As it stands B inherits, so what happens to the bequest if he dies, runs into financial difficulty or has to go into care? 

    B has made a will (  OP refers to being B's exor in the fullness of time) so that the property would pass according to his will as part of the residue. 

    With regard to B having financial difficulties/going into care, it seems that he has a  substantial estate (not including the value of the property under discussion).

    B is of a pretty advanced age, has assets that would already put their estate above the IHT threshold even before they took ownership of this additional property; 


  • xylophone
    xylophone Posts: 45,623 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
     I think you need to take legal advice to make sure what the testator wanted happens.

    As things stand, the  (perfectly valid) will is clear as to the beneficiary - what the testator said to the beneficiary as to what he hoped would happen is neither here nor there?

    That said, I would have thought that the children or the OP acting on their behalf could demand "reasonable provision" from their parent's will?


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