Can the author put the new house into their children's names to avoid their partner or his children receiving any of the money when the author dies, and if so how? | LawHive - Solicitors & Lawyers Online
Can the author put the new house into their children's names to avoid their partner or his children receiving any of the money when the author dies, and if so how?
Good afternoon everyone. I’m hoping someone can point me in the right direction! I’ve been awarded the marital home in my divorce settlement it is mortgage free and is now in my sole name. I am hoping to move next year and I have a partner of 3 years who doesn’t contribute towards the running costs of the house (my choice) I pay all the bills and everything is in my sole name. He isnt registered as living at my address. My concern is the house is my childrens’ inheritence when I die and what I’d like to know is when I come to sell it can I put the new house (which I will be buying as a cash buyer and my partner will not be contributing to the purchase) into my childrens’ names as I don’t want any of the money eventually going to my partner or his children . Is this possible or would I have to draw up a new will to state this. I was married for over 30 years and the house was paid off before I met my partner. I would be so grateful for any advice anyone has. Thank you and sorry for the long post!

Rosemarie West

17th March 2022

+1

4 upvotes

Top Answer
Ex Legal Exec: You can but - is it wise - what if your children decide to sell it? The other thing is if you need care and it's believed that you have done this to avoid the possibility of paying for care it can be clawed back. It's generally thought 7 years and while that's a guideline, it is only a guideline.

Karen Tarzia

17th March 2022

Nq would a living trust work? https:// willassociates.c o.uk/services/ living-trusts

Herbert Espinoza

17th March 2022

1 upvote

NQ legal title in your name with a restriction entered on the proprietorship register (on the register of title) stating that the beneficial interest is held as a tenancy in common in equal shares for your children. You'd have to put this in writing, effectively that you are creating a trust over the beneficial interest in the land for your children. You'd then execute a codicil (amendment) to your existing will referring to the trust document.

James Meadows

17th March 2022

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