IHTPropertyWill WritingWhat is Sideways Disinheritance and How Can it be Avoided?

21st August 2022

Sideways Disinheritance is a term that relates to children losing out on their share of their parent’s estate because of a parent’s new partner.

In most cases, if you are the first to die your share of the property and other assets is left to your partner. If your partner eventually meets a new partner or even gets remarried, the previous Will can automatically be cancelled meaning that children can lose out. This is an issue that is increasing common as people live longer and often remarry after their spouse’s death. In fact, according to the latest statistics, 60% of men are likely to re-partner (interestingly this figure drops to 20% for women).

Sideways Disinheritance accounts for a great many UK Will disputes. When this happens, relationships quickly deteriorate and there is a danger that much of the estates assets are then swallowed up in legal fees. It is therefore important to get your estate in order and ensure that you have an effective Will in place that contains a trust to protect assets for your children .

A common trust used is a ‘Life Interest’. This would mean that after your gone, your new spouse can live in the family home for as long as they wish. However, once they pass on or go into a nursing or care home, your home and any other assets that you decide, will pass onto your nominated beneficiaries in accordance with the terms of your Will. In most cases, the main beneficiaries will be, in all likely hood, your children.

Such an arrangement prevents children loosing out to new partners, but also, it can prevent assets from being assessed by the local authority in relation to care home / nursing home costs.

For further advice on wills, trusts and protecting assets contact one of our specialists.

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What is Sideways Disinheritance and How Can it be Avoided?

What is Sideways Disinheritance and How Can it be Avoided?