Life interest trusts are becoming increasingly popular, especially in the context of blended families and aging populations. As a financial planner, I often encounter situations where married couples or civil partners set up these trusts through their wills. With an increasing number of blended families and the rising need for care funding in later life, life interest trusts have become a tool for securing assets and ensuring they are distributed according to personal wishes.
While life interest trusts aren’t suitable for everyone, they can be a great solution in specific scenarios. However, it’s essential to approach them carefully to avoid mistakes that could undermine their effectiveness. In this guide, I’ll explain what life interest trusts are, their benefits, key considerations, and how they can work in practice.
What is a Life Interest Trust?
A trust is a legal arrangement where the ownership of assets—such as property, cash, or investments—is transferred to trustees. These trustees are responsible for managing the assets for the benefit of other individuals (the beneficiaries). A life interest trust, also known as an interest in possession trust, involves two types of beneficiaries:
- The life tenant has the right to use the trust’s assets for their lifetime, such as living in a property or receiving income generated by the assets.
- The remaindermen are the beneficiaries who inherit the capital of the trust once the life tenant passes away.
Typically, life interest trusts are set up through a will, with the will outlining who the trustees and beneficiaries are, what property is involved, and the rules for managing the assets.
When is a Life Interest Trust Used?
Life interest trusts are often used in situations involving married couples or civil partners, especially when jointly owned assets, like the family home, are involved. For example, a married couple may each have a mirror will where the first partner’s share of the home goes into a life interest trust upon their death. The surviving spouse is then granted the right to live in the home for the remainder of their life, but the property will eventually pass to the beneficiaries of the deceased partner’s will.
This arrangement ensures that the surviving spouse has security while preventing them from redirecting the assets to new partners or children from another relationship.
Benefits of a Life Interest Trust
- Control Over Asset Distribution
Life interest trusts allow you to control how your assets are distributed after your death. This is especially helpful for blended families where you may have children from previous relationships. It ensures that assets are passed to your intended beneficiaries, rather than being redirected by the surviving spouse to their own children or a new partner. - Protection from Care Costs
Assets held in the trust are protected from being used for funding long-term care, as they are not considered part of the life tenant’s personal estate. This can be particularly important if the surviving spouse requires care in the future, helping to preserve wealth for the intended beneficiaries. - Security for the Life Tenant
The life tenant benefits from the security of living in the property or receiving income from the assets in the trust. This provides peace of mind to the surviving spouse, knowing they can stay in the home without the risk of it being sold. - Inheritance Tax Benefits
When the life tenant is the spouse of the deceased, the trust assets are exempt from inheritance tax (IHT) at the time of the first death, as they are considered part of the spousal exemption. However, IHT could be due when the life tenant passes away, depending on the size of their estate. - Flexibility
Life interest trusts can be tailored to meet specific needs. Provisions can be added to handle situations like moving homes, downsizing, or providing the life tenant with access to capital if required.
Key Considerations for Life Interest Trusts
- Ongoing Administration
Managing a life interest trust involves formalities that can require legal and financial input. This can lead to additional costs over time, as professional advice may be necessary for proper administration. - Limited Control for the Surviving Spouse
The life tenant only has the right to income, not capital. This could lead to feelings of vulnerability, as the life tenant may need to request additional capital from the trustees if needed. This may not provide the same level of flexibility as having full control over assets. - Taxation
While income tax is not a concern if the life tenant is living in the property, any income generated from investments within the trust could be subject to income tax. Additionally, capital gains tax (CGT) could apply if the trustees dispose of investments and realize gains above the trust’s CGT allowance. - Inheritance Tax
The life interest trust can lead to inheritance tax liabilities when the life tenant passes away. The trust assets are included in the life tenant’s estate for IHT purposes, and IHT could be payable on the value of the trust if the estate exceeds the available allowances. - Trustee Selection
Choosing the right trustees is critical, as they have important legal responsibilities. You may wish to appoint a neutral third party, such as a solicitor, to ensure impartiality. However, professional trustees usually come with a fee.
Life Interest Trust Case Study
Let’s take a look at a practical example to better understand how a life interest trust works:
Ray and Emily are married with a daughter, Bella. Ray has a son, Leo, from a previous marriage. They own a home worth £1 million as tenants in common. Upon Ray’s death, his share of the property (valued at £500,000) is placed into a life interest trust, and Emily becomes the life tenant. She has the right to live in the home rent-free for the rest of her life, but Ray’s will specifies that, upon Emily’s death, the trust’s share will pass to Bella and Leo.
After four years, Emily’s health declines, and she moves into a care facility. The trustees, Bella and Leo, decide to sell the property. The net proceeds from the sale are £1.2 million, with Emily receiving her share of £600,000 for her care costs. The remaining £600,000, held in the trust, is invested, and the income generated is paid to Emily to cover her living costs. After Emily’s death, the capital from the trust is distributed equally to Bella and Leo, as outlined in the will.
Conclusion
Life interest trusts can be an effective tool for managing assets and ensuring they are passed to the right beneficiaries. They are particularly useful in blended families, where there are children from previous relationships, or for those concerned about the potential costs of care in later life. However, they are not without their complexities, and careful planning and professional advice are essential to ensure they work effectively.
