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Old September 2nd 08, 05:30 PM posted to uk.legal.moderated
fjmd1@yahoo.co.uk
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Posts: 671
Default Wills - Second marriage - guarantees for children

On 2 Sep, 16:00, Big Les Wade wrote:

It doesn't cost anything to create a trust. In fact, if the OP dies
intestate, one is automatically created free of charge.


Sometimes *several* 8-).

I think Peter was more worried about tax. The government has had very
little to say about the law on the creation of trusts but quite a lot
about their tax status. Tax, in the future, is even harder to predict
of course.


Yes, but the solution is for each spouse to make their *own* will
leaving their assets into their *own* trust. Then if they die first, the
other spouse cannot undo this trust by marrying again.


Right, though there are lots of snags there too. Its a more modern and
neater solution than mutual wills (where something like a floating
charge is created over the surviving spouse's assets that crystallises
on their decease). Almost anything can be done with enough care.
[snip]


The OP should probably take professional advice, but *not* from a
non-specialist high street solicitor who would probably screw it all up.


I'd change "probably" to "certainly". This is really something you'd
not want to DIY. Its also something where the consequences of screwing
up won't be felt for some time to come.

Francis

 

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