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I am single and have a young 4 year child. I’ve split with his mother. I have my own house. I would like my son to inherit my house and everything I own but don’t want his mother having control of what he inherits. Would it be better to name my parents as sole beneficiaries, as I know they will look after my son financially and will ensure he gets financial help when he reaches age 18. I’ve no idea what is best thing to do.
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See a solicitor. Make a will.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
A correctly worded Will is the way to go. The Will can create a Trust for your assets and your parents can be the Trustees and executors of your Will. However, do bear in mind that under normal circumstances, you parents may well die before you, so you do need to think carefully about who else could act after your parents have died.
Bear in mind that his mother may be able to make a claim on your estate and you should ask the solicitor for clarification on this point as well. Do not use a Will Writer, as this is a complex matter and needs the services of a good solicitor, preferably a STEP qualified solicitor, who can advise on Trusts.Comment
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Also, a will disposes of property, and your son is not property. What happens to him is eventually decided by a court.Comment
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The law can be a very powerful thing. The trick is finding a solicitor who can make sure that the law is used to your advantage, not disadvantage.
The first thing any good solicitor must do is get an in depth handle on the situation, and your objectives for the future. It is imperative that you work very closely with the solicitor to this end, and hide nothing, as the smallest failure in disclosure can scupper your case partially or completely.Comment
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What if I leave all my assets to my four year old son. I own my own home (but it’s mortgaged), and my ex partner lives in her own place which she rents. What happens to my house? Will it automatically become my sons house? We co parent, with him living with me and his mother 50 -50 between us. We both work full time. My ex has lots of debts that I didn’t know about when we were together.Comment
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A big issue is whether you and his mother married, and if you did are you now divorced?Comment
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