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Money to be held in trust


Comments
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What is the exact wording in the will? Many of these clauses are in effect just wishes and a beneficiary will actually be entitled to take their inheritance when they reach 18 (16 in Scotland).
If the 25 year clause is enforceable then ISAs are no use, you are going to need to set up a trust to hold the money which can be a real pain. How much are they each inheriting?2 -
When my mum died she left a proportion of her house to my brothers children but they cannot have it until they reach 25 as stipulated in her will,
What exactly did the will say?
You need to establish whether or not the gifts "indefeasibly vested" in the grandchildren.
See https://www.gov.uk/hmrc-internal-manuals/trusts-settlements-and-estates-manual/tsem1563
If they did "indefeasibly vest", then the trust is a bare trust.
The beneficiary of a bare trust has the right to call for access and control at the age of 18 (16 in Scotland).
https://www.gov.uk/trusts-taxes/types-of-trust
See the above concerning types of trust and taxation and refer to the solicitor who drafted the will if you are unsure.
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50k each and mum stipulated the age when it can be given. They aren’t aware of this inheritance0
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50k each and mum stipulated the age when it can be given. They aren’t aware of this inheritance
Did you read the links above?
Do you understand why it is important to establish whether or not the bequests have "indefeasibly vested" in the grandchildren and therefore whether you are dealing with a bare or discretionary trust?
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Ixylophone said:50k each and mum stipulated the age when it can be given. They aren’t aware of this inheritance
Did you read the links above?
Do you understand why it is important to establish whether or not the bequests have "indefeasibly vested" in the grandchildren and therefore whether you are dealing with a bare or discretionary trust?
If you attempt to keep this information from him, he could unwittingly commit benefit fraud.2 -
as others have said, you need to say exactly how the will is worded, as this makes a huge difference to what you can (or MUST) do.
You may not have the power to withhold the money until they are each 25, even if that was what your mum wanted. Was the will drawn up by a solicitor? Have you taken any proper legal advice about it?
As Keep Peddling says, it's possible that the elder grandchild may owe tax on their inheritance, and have to repay any benefits, so you need to work out the legal position as a matter of urgency.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0
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