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  • The trust in question is called an accumulation & maintenance trust, the trustees can spend the money looking after the children or can save up the money and its interest if that seems sensible. The trust is treated much like an ordinary living individual - though it would not get a personal allowance, however any money it paid to the children would include a tax certificate (R185) and that tax could be reclaimed by the child against his/her own personal tax allowance.
    Before Gordon Brown such a trust could exist until the "children" reached an age of reason at 25 and got their hands on the money. This has now been reduced to 18, hence my remark about buying a motor bike and killing themselves.
    The change was really introduced to prevent seriously rich families avoiding higher rates of tax on an inheritance, now, after the beneficiary reaches 18, the trust will be potentially liable yo higher rates if income tax and accumulates a low rate of inheritance tax every year to encourage it to "die" sooner rather than later.
    In your case the trust arrangement is unlikely to be wealthy enough to have to pay IHT and additional rate income tax BUT unless your trustees can handle the administration and tax reporting involved, they would have to pay someone to do it for them, and that would use up the annual income of the small trust.:mad:
  • Not sure whether I should post his here or a new thread ....

    I have been thinking for quite some time that we (OH and me) need to get some wills done, but never got round to doing anything about it. Today I received a call from Trust Inheritance who say they offer mirror wills for £65 (in total, not each). Chap said that their website states it is £400+ but the £65 is a telephone offer.

    Couple of things ... on checking their website it states mirror wills are £130 and not the £400+ he said. Also I am wary of companies that call cold....has anybody heard/had any dealings with Trust Inheritance?

    Also beyond checking our marital status, he didn't ask for any details of our set up (both have children from previous relationship & children together). I assume that this will not make it a straight forward will.

    Whatever we do I presume that we will need to have made a definite 'plan' before we see whoever is going to do wills for us - or will they make suggestions to us, perhaps things that we wouldn't/haven't thought of?

    Any useful suggestions/things we need to consider is much appreciated.

    Thanks
  • Savvy_Sue
    Savvy_Sue Posts: 46,017 Forumite
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    Google Trust Inheritance. At least one of the links should take you to an old thread on MSE, which may help you decide.

    However, in general, I'd say that as your affairs are not straightforward, you'd do better to use a solicitor. It's a good idea to have a plan, but to be open to suggestions.

    the things to consider include how you want to treat your shared children, and your non-shared children. What DH and I have done may well not be appropriate for you: the spouse inherits everything on the first death, then it all goes to our (shared) children. In your case, the spouse could inherit everything on the first death and leave it all to the cat's home, so if you want any or all of the children to be sure of an inheritance you need to leave something on the first death. If some of them are still young, then a trust is needed. And so on.
    Signature removed for peace of mind
  • Interest in possession trust for the life of the survivor !

    Simple to administer - stops the survivor doing anything "silly" in their dotage.
  • Thanks Sue and John for your responses, they are both very helpful :) :T
    Savvy_Sue wrote: »
    Google Trust Inheritance. At least one of the links should take you to an old thread on MSE, which may help you decide.
    As soon as I came off the phone to them I Googled them and their phone number - resulted in just the "who calls me" type of results. Also did a mse search but so many unrelated threads that I must have missed the ones I was after, but I now find that Googling just their name or along with mse finds some very interesting threads.

    So thanks very much for pointing me in that direction :T
    Interest in possession trust for the life of the survivor !

    Simple to administer - stops the survivor doing anything "silly" in their dotage.

    Hmmm never heard of that sort of trust, quick Google of it and it gives me something to think about as the 'silly' issue is something that has crossed my mind a few times. Thanks for that :T

    I believe that November is the charity will making month, I would think I am too late to make an appointment with anyone for that now, but seeing an actual Solicitor is the way I need to go.

    Cheers :)
  • John_Pierpoint
    John_Pierpoint Posts: 8,391 Forumite
    First Post First Anniversary
    edited 1 November 2012 at 5:04AM

    http://lmgtfy.com/?q=%E2%80%9Ctrust+inheritance%E2%80%9D+site%3A+forums.moneysavingexpert.com

    :j :D

    An interest in possession trust is what a lot of survivors get in the case of intestacy.

    The survivor, usually the widow, gets "........and a life interest in half the remainder" The life interest is what HMRC technically call "an interest in possession trust". As rising house prices and political pressure has recently changed the start of that clause, for couples with children, to double to read "The first £250,000........".

    [Don't forget that there is a compulsory clause, not written into most wills, that should read:
    After the first £325,000 (or possibly £650,000 if the survivor of a legal union) 40% of the estate is ear-marked for HMRC as the premier beneficiary. (unless left to a legal partner or a tax free charity......)]

    Now there are a lot less survivors who are surprised to discover they did not get "the whole damned lot".;)
  • Hi (not sure if I'm in the right place! sorry if i'm not) Anyway..I really need some advice please.
    My husband and I had a will drawn about 20 years ago and for a while we’ve been thinking of updating some details which are no longer applicable. We did apply for “Will aid” last year but unfortunately there was no more appointments available with our local solicitors. We just left it and somehow didn’t think any more of it until this morning.

    I received an email from "Nectar Daily deals" offering a deal on Will writing and Mirror Will writing service for £17 (Normally £19 or mirror wills (for two people who wish to have virtually identical wills for £22.) with a company called Saxon Wills and Estate Planning.(Bargain! Or is it?)

    The company offers a 45 minute telephone appointment through Virtual Adviser System” where you can talk to the adviser whilst looking at questions, diagrams, flow charts on your computer screen. Tel no 0844 742 1389 (which is going to be quite an expensive call for 45 minutes which no doubt will be longer as we will need to ask questions) Once you are happy the will is sent to you within 7 days.(Seems a bit too good to be true to me or am I being too sceptical?)

    I was just wondering has anyone heard or used this company? I have been doing some research but cannot find anything to suggest that this company is/not trustworthy.

    Reading through some of the threads on MSE I’ve learned quite a lot about making a will and I was really shocked to find that having a solicitor as executor(s) as well as a family member you can still have problems. Because when we made our last will, our daughter was under age, we appointed my nephew to be executor and guardian to our daughter should anything happen to both of us. However at the time our solicitor suggested that we appoint them as well as it would make life easier. So we did and now we are not sure that it would.

    My husband an I are both in our 60’s and have one daughter and my husband have 3 adult children from a previous marriage. So making this will is one of the most important things we are doing so we want to get it right this time. Being pensioners, we really can’t afford the prices the solicitors charge and we really want to make life easier as possible for our daughter.

    So if anyone has any views on the above company I would be very grateful to hear them before making a decision. Any other suggestions will be very much appreciated. Thank you

  • Mojisola
    Mojisola Posts: 35,557 Forumite
    Name Dropper First Post First Anniversary
    imayblucky wrote: »
    My husband an I are both in our 60’s and have one daughter and my husband have 3 adult children from a previous marriage. So making this will is one of the most important things we are doing so we want to get it right this time.

    Being pensioners, we really can’t afford the prices the solicitors charge and we really want to make life easier as possible for our daughter.

    Anyone with a blended family is best advised to use a good will writer. The money it costs to make wills now will be cheaper than trying to sort out problems caused by a bad one.

    It's rarely good advice to appoint a professional as an executor because of the money that will be taken out of the estate to pay for the work.

    A non-professional executor can always appoint a solicitor to do either some or all of the work if it is beyond them.
  • Errata
    Errata Posts: 38,230 Forumite
    First Post Combo Breaker
    I received an email from "Nectar Daily deals" offering a deal on Will writing and Mirror Will writing service for £17 (Normally £19 or mirror wills (for two people who wish to have virtually identical wills for £22.) with a company called Saxon Wills and Estate Planning.(Bargain! Or is it?)
    I would be extremely suspicious of something that only cost the price of 3 or 4 packets of fags!
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • Google the organisation - you will find a link to someone who has been promoted from selling mortgages. That has been a bit of a depressed market for the last 5 years.

    He might be really good, who knows?!

    Employing a solicitor, even a STEP one does not guarantee a 100% satisfactory outcome.

    It is like visiting a doctor, when you are ill, you can spend hours if not days analysing your own ailment, the doctor has a queue of patients and matter of minutes to make a diagnosis.

    There really is no substitute for doing your own research before meeting the professional on a more level playing field.
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