Q&A Would a trust protect my assets for my children?

Q:      My husband died over ten years ago, and I have been in a new relationship for the past two years. My partner wants us to get married and have one home together. However, as we both have children from our first marriages and our assets are individually considerable, I would like to ensure that my assets pass to my own children. Could I do that in a Will, or would creating a trust in my lifetime be the answer?

A:       Creating a trust within your lifetime is an option for you to consider putting in place whilst you are still alive to ringfence your assets for the future benefit of your own children, whilst also ensuring that you can enjoy the benefit during your own lifetime.

However, this could be challenged by your future husband or even a local authority should you require care in your lifetime as it could be regarded as a deliberate deprivation of assets.

Another option is for you to each prepare a Will to include a trust arrangement.

There are various types of trust that you can create either in your lifetime or within your wills that may suit your circumstances. These can include providing you and your husband with the right to continue living in the property or benefitting from assets until you both pass away and ultimately your share of the capital assets would revert to your own children.

The trust options can be discussed with a solicitor, preferably a solicitor who is a member of STEP (Society of Trusts and Estates Practitioners) as they would be best qualified to discuss your specific needs in more detail.

This question has been answered by Lisa Jones, a Solicitor and with GHP Legal and a member of STEP.  If you would like to speak to someone about this or any other legal matter it is still possible, and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry or for an appointment visit www.ghplegal.com or contact one of our offices: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194