How can I make sure my children’s spouses do not inherit my assets?

A Discretionary Trust can help protect assets and keep inheritance within your chosen family line. This is often used to reduce the risk of assets being affected by divorce or remarriage.

How can I make sure only my bloodline inherits when I pass away?

A Discretionary Trust allows trustees to manage and distribute assets to chosen beneficiaries, helping to keep inheritance within your direct family line.

How can I protect my child’s inheritance from creditors?

A Discretionary Trust can separate trust assets from a child’s personal estate, helping to protect inheritance from creditors.

Bloodline Planning

Assets not protected by a Trust face attack from:

Your beneficiaries inheritance being used as part of theirs & future generations divorce settlements.
Their inheritance being used to settle creditor or bankruptcy claims.
State benefits being affected by your beneficiaries inheritance.

How can I protect my children’s inheritance?

Without the correct “Bloodline Planning” some, or all of your children’s or grandchildren’s (bloodline’s) inheritance could be lost.

Protecting your inheritance for future generations is commonly referred to as “Bloodline Planning”.

Bloodline Planning is ensuring that your assets reach your children, grandchildren and their descendants, rather than ending up in the wrong hands! When assets are distributed to beneficiaries “absolutely”, (i.e. they receive cash, property or other assets directly) so much can be lost. These assets are then considered to be part of the beneficiary’s estate, and would be at risk of attack from any future divorce settlements, creditors and taxation.

The strategic use of Trusts can ensure that your children and grandchildren are able to benefit completely from the inheritance you want them to receive, and at the same time, protect the family home and other assets from being lost to the costs of Long Term Care.

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Frequently Asked Questions

How can I ensure that my children’s spouses don’t inherit my assets?

By using a Discretionary Trust: This is the most popular method for “divorce-proofing” assets. In the event of your death, the trust assets are generally not considered part of your child’s personal assets that could otherwise be used in a divorce settlement

How can I ensure only my bloodline inherit when I pass away?

By using a Discretionary Trust. These provide flexibility, instead of beneficiaries inheriting absolutely, these allow Trustees to pass assets only to beneficiaries in your direct line, keeping the inheritance safe from ex-partners or creditors.

How can I protect my children’s inheritance from creditors?

To protect a child’s inheritance from creditors, you should use a Discretionary Trust within your will. This separates the Trust assets from the child’s personal estate, and the Trustees—not the beneficiaries—decide how to distribute funds, preventing creditors from seizing the assets.

My child receives state benefits; can I protect their inheritance?

Yes, you can protect a child’s inheritance from affecting their means-tested state benefits by using a Discretionary Trust in your will. These trusts allow Trustees to manage funds without the money counting as the child’s own capital & therefore not affecting their benefits.

What is a Discretionary Trust?

A discretionary trust is when money or other assets from your estate are left in a Trust. The Trust is managed by appointed Trustees who decide which people become beneficiaries and when and how they should receive inheritance from the trust. A Letter of Wishes should also accompany the Trust as a guide to Executors detailing your wishes as to your preferred distribution of your assets.

What is a Letter of Wishes?

This is a non-legally binding document that accompanies a Trust, It’s a guide to Trustees detailing how and when you would like your beneficiaries to inherit. While not legally enforceable Trustees must take its contents into consideration.

What are the benefits of a Discretionary trust?

Because Trustees decide how and when to distribute assets (following your Letter of wishes for guidance), having a discretionary trust allows them to respond to changing beneficiary circumstances & decide when it’s most appropriate for beneficiaries to benefit from the trust. This can be useful if beneficiaries are suffering financial hardship, have drug or alcohol problems, or are on state benefits.

What is a Deed of Variation?

It’s a formal legal document enabling beneficiaries to give away part or all of their inheritance from a deceased estate within 2 years of death. These are often used to enable beneficiaries to pass their inheritance onto their children, which can save on Inheritance Tax.

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