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Children's Inheritance FAQ's

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 Finding out about inheritance planning can be daunting. Here are some quick links to help you.

Children's Inheritance is more commonly known as 'Bloodline Planning'.

'Bloodline Planning' is the process by which you ensure that assets reach your children, grandchildren and other relatives, without them being diluted or lost.

When assets are distributed to beneficiaries, (i.e. they receive cash, property or other assets as a direct lump-sum payment) so much can be lost. These assets are considered part of the beneficiary's estate and risk being compromised by any future divorce settlements, creditors and taxation.

We aim to ensure that your children and grandchildren will benefit entirely from the Inheritance you want them to receive.

Without the correct 'Bloodline Planning':

  • Your spouse/partner and children may not inherit your share of a business.
  • Some, or all, of your children's or grandchildren's (bloodlines) inheritance could be lost.
  • Your beneficiaries' future inheritance may be at risk

 

Assets not protected by a Trust risk being lost or reduced by: 

  • Divorce or separation settlements of future generations.
  • Creditors or bankruptcy claims.
  • Further inheritance tax bills.

Advanced planning ensures that both your financial affairs and personal welfare are in safe hands, if the worst were to happen.

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Inheritance - Frequently Asked Questions

Some estate planning can be completed whilst you are alive. Assets can be gifted to beneficiaries before your death. This could prove enormously tax-efficient in terms of Inheritance Tax, as assets gifted away are entirely outside of the donor's estate seven years after the gift is made.

We also recommend that you consider gifting through Discretionary Trusts. This is because your assets, once gifted directly, risk being swallowed up by changing family circumstances, such as divorce, bankruptcy and cost of care. A Discretionary Gift Trust ensures that when you make a gift to your children and grandchildren, the asset need not enter their estate, thus protecting these assets from any possible claims on them in the future.

By gifting to a Trust, the donor retains full control but cannot have access to the funds. Even if the donor never received any benefit, but potentially could, the gift is classed as a 'Gift With Reservation of Benefit' (GWR), and the full value is deemed to be in the donor's estate at death for Inheritance Tax purposes, not just the initial gift. The Gift Trust ensures that a spouse, children, grandchildren and any other named Beneficiaries can benefit at the Trustee's discretion. 

No, a divorced spouse cannot automatically inherit under the terms of an ex-spouses Will.  A divorced spouse would have to be named as a Beneficiary, if this is what is desired. 

If you wish to leave a gift to a child who is of a dependent age at the time of the Will being made, the gift will be held in Trust until they are aged 18, or above. The age for the child to receive the gift must be specified within the Will. 

If you wish for a dependent child to receive capital and income before they reach age 18, this can be arranged in the form of a gift within a Discretionary Trust. 

If you have young children, a valid Will is essential, removing the risk of your children being taken into care.

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Inheritance 

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Children's Inheritance

Having the right Estate Planning in place can make a significant difference to the amount your children will inherit.

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Should I put my inheritance into a trust?

Can a divorced spouse inherit?

At what age can a child inherit money?

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How do I protect my child's inheritance? 

At HB Partners, our advisers can advise you on all aspects of Bloodline Planning 

Consider your personal circumstances

Have you considered what might happen if your surviving spouse were to remarry? 

How would this affect your children if he/she later changed their Will in favour of the new spouse and any subsequent children?

Or, for those of you who already have children from a previous marriage, how do you ensure that they will receive their fair share of your inheritance?

What if your children are very young or have special needs? How can you ensure that they are fully provided for?

There may also be a business which you have worked hard to build up. How do you protect this for your family?

If you seek professional advice about Estate Planning, you are reducing the risk of your assets being lost as a result of changing family circumstances.

Our professional Estate Planning experts will ensure that your assets are both fully protected and immediately available to your loved ones after you are gone.

You may have some family members who you would rather do not benefit from your passing, for example, a relation by marriage. Families relationships are constantly changing, and divorce or remarriage can significantly influence who inherits from a will, and by how much.

If an individual inherits and then divorces, those assets received risk being lost. Alternatively, a beneficiary may later be declared bankrupt, thereby also risking the inheritance. 

By putting the correct Trust in place, many assets, from property, business and investments, are protected from changing family circumstances. 

There are two potential scenarios where planning can be done with Trusts. One is during your lifetime, and the other is in preparation for death. We can utilise a range of Trusts in conjunction with your Will, which will ensure that your hard-earned assets are fully protected for your children and grandchildren. The type of planning that is right for you will depend upon your personal requirements, along with the value of your estate. 

Other family circumstances to consider

Utilising Trusts for Bloodline Planning

Having established that your children/ grandchildren's future inheritance may be at risk from a variety of circumstances, it is worth taking the time to plan your Will with a professional Wills & Estate Planning consultant. 

HB Partners Wills & Trusts is perfectly placed to help you manage all the risks and challenges of Estate Planning.

 

What is the best way to leave an inheritance?

Access to protected assets in Bloodline Planning

We recommend a Discretionary Trust called a Probate Trust, which, while still protecting assets from unforeseen costs, such as care home expenses, allows the Settlor access to the assets held in the Trust. *

The Trust has a memorandum of wishes, whereby the Settlor is also a Beneficiary. The purpose of utilising this Trust will be for 'Bloodline Planning' and not Inheritance Tax Planning, as a transfer of an asset by the Settlor would be a Gift with Reservation of Benefit. **

The primary uses for a Family Probate Trust are Investment Bonds assignments, to ensure that it will pass to those intended, without the need to wait for Probate. Additionally, for a single/ widowed client, a proportion of the primary residence can be conveyed into our Probate Trust, thereby protecting the house from future care expenses.

At HB Partners Wills & Estates we provide bespoke advice, appropriate to the client’s circumstances. 

* The Settlor is the person who sets up the Probate Trust and who has access to the assets held in the Trust.

**Gift with Reservation of Benefit - when the Settlor keeps back some benefit for themselves, as part of the terms of the Trust.

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How do I protect my child's inheritance?

Consider your personal circumstance

What is the best way to leave an inheritance?

Should I put my Inheritance into a Trust?

Can a divorced spouse inherit?

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At what age can a child inherit money?

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