We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Leaving house in trust

Hi, we have two children and when my husband and I pass this will be left to them to share equally. We are in the process of buying a new house. Would it be beneficial at this stage to put this into a trust for them now to save any issues later or are we just better leaving it in mine and my husbands names and it will still be left to the children when we die. We are in Scotland (not sure if rules differ)
Thanks x

Comments

  • TonyMMM
    TonyMMM Posts: 3,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    what issues do you think there will be  ?
  • Keep_pedalling
    Keep_pedalling Posts: 21,344 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 9 September at 2:19PM
    No, it would be an absolutely idiotic thing to do. The only type of trust you should consider are immediate post death interest trusts. Your wills could create one on the first death, which would put legal ownership of half the house into trust but beneficial ownership stays with the surviving spouse. 

    This protects your children’s inheritance in the case of the remarriage of the surviving spouse and protects the long term security of the surviving spouse. It is also tax efficient as spousal exemption also applies to the bequest and there will be no CGT liability on your children’s inheritance when the house is eventually sold. 
  • RAS
    RAS Posts: 35,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 September at 1:07PM
    Other than IPDI trust to which K_p refers, you might want to look round this forum to understand the difficulties quite a few people had or are encountering dealing with trusts set up, sometimes decades ago.

    The donors' intentions were well-meaning by they've saddled their beneficiaries with additional taxes and legal fees, at best.

    The only people who gain are generally those devising them, getting fees to sort the mess and HMRC, as well as specialist tax lawyers and accountants. 
    If you've have not made a mistake, you've made nothing
  • FAB816
    FAB816 Posts: 2 Newbie
    First Post
    Thank you. I'm not sure what if any issues I thought my children would encounter but reading the other two replies it seems to be no that is not the route I should be going down. I think I need to read up on the subject of what happens with our estate when we die. I was just looking to make it as painless as possible for our children.
    Thank you x
  • Emmia
    Emmia Posts: 6,075 Forumite
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    FAB816 said:
    Thank you. I'm not sure what if any issues I thought my children would encounter but reading the other two replies it seems to be no that is not the route I should be going down. I think I need to read up on the subject of what happens with our estate when we die. I was just looking to make it as painless as possible for our children.
    Thank you x
    The key one is having a clear Will with suitable executors and information on things like bank accounts, property, insurances etc. stored in a way that is easy for your executors to find.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.8K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.8K Work, Benefits & Business
  • 600.2K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.