Will Trust Series Four: Flexible Life Interest Trusts
One of our core Estate Planning offerings is the use of Will Trusts. Different types of trusts can be written into your Will to protect assets for the family, in case certain problems arise. However, to the average man on the street, there are potentially a bewildering amount of different Will Trusts available, all with different names and uses. To make matters worse, different legal advice firms have different names for the same type of Will Trust!
Although this article is an attempt to de-mystify Will Trusts a little, don’t panic! My main takeaway advice with regard to Will Trusts (and Estate Planning in general for that matter) is to get in touch for an initial meeting with one of our later life specialist advisers. At this initial meeting be prepared to talk about your current situation, what you are looking to achieve and what you are worried about. Once our advisers have got a good grasp of your situation they will be able to start discussing some recommendations with you, which may or may not involve a specific Will Trust!
Anyway, back to Will Trusts. Let’s talk about the Flexible Life Interest Trust (FLIT). The FLIT incorporates 2 separate Life Interest Trusts into a Will. The first holds the main property and the second captures the residue assets of the estate – generally other properties, savings, investments and other assets. The FLIT designates a ‘life tenant’, typically the surviving spouse, who has a lifetime interest in the property and residue assets. The ‘life tenant’ never owns the assets in the trust absolutely.
When do you need a FLIT?
A FLIT is often needed where you have significant assets like savings and investments, second or more properties, as well as a main residence property and are worried about disinheritance and potential future care fees.
1. Disinheritance
If one spouse dies and leaves their share of the home absolutely, plus other properties and/or other assets to the survivor, it is possible for the children to become disinherited. This happens when the surviving spouse remarries and either neglects to create a new Will or chooses to benefit their new family. It is of particular concern for ‘blended’ families where there are children from previous relationships.
With a FLIT, the share of the property, other properties and other assets life savings and investments from the first to die become ring-fenced inside the trust. Leaving all these assets protected for the eventual trust beneficiaries, who are likely to be the children.
2. Care Fee Planning
Once a person dies and their share of property, other properties and other assets pass to a spouse or partner, there is nothing to stop all of these various assets value be included in that person’s care fee financial assessment.
With a FLIT however, the property share, other properties share plus assets of the first to die are ring-fenced within the trust. The survivor can enjoy the income generated from the capital assets during their lifetime; the underlying capital however should not be included in their financial assessment for care purposes.
Joined Up Estate Planning
Often when people hear the phrase ‘Estate Planning’, they often think of writing their Will, perhaps incorporating a Will Trust such as explained above. But in practice, Estate Planning often involves more than many people think. When families begin reviewing their estate plans more holistically, especially with our guidance as later life financial and legal specialists, they are often surprised to discover gaps and inconsistencies.
A well-considered estate plan usually brings together several areas of financial and legal planning. Wills, LPAs and Trusts form part of that picture, but so do questions about inheritance tax, long-term care considerations and investment management.
Alongside legal arrangements, financial planning considerations are often closely connected. Investment decisions, pension planning and inheritance tax allowances can all influence how efficiently assets might pass between generations both in lifetime and on death.
For some families, another important aspect of estate planning, particularly with regard to LPAs, is considering how financial resources might be used later in life, particularly if care or support becomes necessary. With this in mind, thoughts turn naturally to aligning investment management, Immediate Care Plans and inheritance tax strategies.
Many people find that different parts of their planning have been put in place at different times of their life. A Will may have been written many years ago, LPAs actioned at some point but long forgotten about, pensions and investments taken out whilst still working.
Individually, each decision may have been sensible at the time. But without reviewing them together, it is not always clear whether the overall plan still reflects current intentions and your life situation as it stands. It is critical that the financial and legal arrangements for your estate planning are perfectly aligned. If they are not, it can create unwanted upset down the line.
Estate Planning Events
To help people understand these issues more clearly, we will be running a series of free Estate Planning seminars locally this June and July. These sessions will explore key elements such as Wills, LPAs and Trusts and explain how they work alongside your financial planning arrangements like inheritance tax, investment management and care fee planning.
To find out more about the seminars or arrange a relaxed chat about your circumstances, call 0117 363 212 or email office@haroldstephens.co.uk.
50 High Street, Westbury on Trym, BS9 3DZ