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Life interest trust - time limited

In regard to a Life Interest Trust (matrimonial home, 50/50 tenants in common), if the Trust has been specified for a fixed time period (say 5 or 10 years) then although this may be unusual, would anyone be able to explain what happens at the end of the time period, assuming the surviving spouse is still with us.
Thanks

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 21,344 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    I would think that would be something that would be very difficult to enforce, where is the surviving spouse supposed to live at the end of this period? Are the trustees going to go through the courts to try to force a sale if the surviving spouse refuses to leave? 

    It would help if you could explain what this strange arrangement is trying to achieve.
  • I would think that would be something that would be very difficult to enforce, where is the surviving spouse supposed to live at the end of this period? Are the trustees going to go through the courts to try to force a sale if the surviving spouse refuses to leave? 

    It would help if you could explain what this strange arrangement is trying to achieve.
    Just to confirm that this is not something I am proposing to do myself and with that in mind, I guess it’s somewhat difficult to answer the second question.
    But assuming there is no issue with ‘vacant possession’ at the end of the specified period (i.e. the Interest in possession trust comes to an end), then am I correct in assuming that the estate of the deceased could be distributed to the remaindermen in accordance with the original will?
  • poseidon1
    poseidon1 Posts: 1,690 Forumite
    1,000 Posts Second Anniversary Name Dropper
    In regard to a Life Interest Trust (matrimonial home, 50/50 tenants in common), if the Trust has been specified for a fixed time period (say 5 or 10 years) then although this may be unusual, would anyone be able to explain what happens at the end of the time period, assuming the surviving spouse is still with us.
    Thanks


    Life interest trust limited to a fixed term?

    Is this a cryptic follow up to your final post in the thread below, and  so amounts to another 'good to know'  what if scenario?

    https://forums.moneysavingexpert.com/discussion/6602123/cgt-principal-property-relief-when-a-life-interest-trust-exists#latest
  • thingswerentthisbadinmyday
    thingswerentthisbadinmyday Posts: 60 Forumite
    Third Anniversary 10 Posts Name Dropper
    edited 3 September at 3:47PM
    poseidon1 said:
    In regard to a Life Interest Trust (matrimonial home, 50/50 tenants in common), if the Trust has been specified for a fixed time period (say 5 or 10 years) then although this may be unusual, would anyone be able to explain what happens at the end of the time period, assuming the surviving spouse is still with us.
    Thanks


    Life interest trust limited to a fixed term?

    Is this a cryptic follow up to your final post in the thread below, and  so amounts to another 'good to know'  what if scenario?

    https://forums.moneysavingexpert.com/discussion/6602123/cgt-principal-property-relief-when-a-life-interest-trust-exists#latest
    I must apologise. I’d quite forgotten that I’d mentioned that in a question about CGT and principal property relief several months go. 
    So, not a cryptic follow up. Just my memory failing me a bit!
    I’ve a general interest in knowing what issues/difficulties an executor could potentially face when attempting to carry out the wishes contained in the will.
    This is not an issue today, but one day it might/could be. And I do accept that as and when things happen, then a meeting with the solicitors who originally drew up the will almost certainly be the most sensible first step.
    Thanks for your input.

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