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Where Taxpayers and Advisers Meet

Control Everything Own nothing. Trust planning

Charliestaffs
Posts: 4
Joined: Tue Nov 19, 2019 3:19 pm

Control Everything Own nothing. Trust planning

Postby Charliestaffs » Sat Oct 17, 2020 9:46 am

Hey guys.

I am divorced and have two young children 6 and 8.
I own my house with no mortgage about market value about 70k.
I would like to transfer this property to some trust so I can control it, sell it buy other properties in it and transfer it to the kids when they are 25 years old.
Also my father wants to give them a property worth about 100k with no mortgages..

My plan is to manage the properties sell them when needed and even buy more properties when i can and keep adding it to the trusts.

What would be the best option in my situation. Where can I read more about these kind of trust/estate planning and if anyone here has experience or a professional can advise. I am happy to pay the fee.

Regards

maths
Posts: 7995
Joined: Wed Aug 06, 2008 3:25 pm

Re: Control Everything Own nothing. Trust planning

Postby maths » Sat Oct 17, 2020 4:00 pm

I'm not sure that a trust makes much sense.

At present you own and live in your property. On sale there would be no CGT to pay on any gain. Putting it in trust achieves nothing material. It is also easier to remortgage a property directly owned.

Your father if he wishes to gift the property could simply transfer it to them on a bare trust (with you and possibly him as trustees) although in principle a bare trust would give them the property when they attain age 18 (but not necessarily).

Write a will leaving the children your assets held at death contingent on them attaining age 25 or simply set up a discretionary trust in your will.

Trusts can be messy and problematic and formalities need to be followed.

Charliestaffs
Posts: 4
Joined: Tue Nov 19, 2019 3:19 pm

Re: Control Everything Own nothing. Trust planning

Postby Charliestaffs » Sat Oct 17, 2020 6:07 pm

I'm not sure that a trust makes much sense.

At present you own and live in your property. On sale there would be no CGT to pay on any gain. Putting it in trust achieves nothing material. It is also easier to remortgage a property directly owned.

Your father if he wishes to gift the property could simply transfer it to them on a bare trust (with you and possibly him as trustees) although in principle a bare trust would give them the property when they attain age 18 (but not necessarily).

Write a will leaving the children your assets held at death contingent on them attaining age 25 or simply set up a discretionary trust in your will.

Trusts can be messy and problematic and formalities need to be followed.
Thanks Maths for your reply.
You are right. No CGT to pay on transfer. I can buy another house as my main home anytime I want. But I do not want to own anything on my name. I am not worried about CGT/Stamp duties cost as long properties are safe and generating income and can buy and sell.
I am now single and may marry again 2-3 times :) or have more children.
I have good trading income and will be able to buy couple of properties a year to put in the pot for the children and really want to protect the properties I will keep buying for children to be put in the pot so any claims against me or bankrupt and so on.
I do not need any income from these properties just accumulate it for the kids and distribute income to them when needed for their education and/or when they are 18..


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