Protecting my childrens inheritance

I was divorced last year and after a court battle received 50% of the marital home sale which I have used to buy another property outright. I have been with my new partner for 3 years and would love to get remarried. Am I right in thinking that I can set up a Life Interest Trust leaving the full value of my current property to my children whilst enabling my "future" husband to remain the the house for the rest of his life (should I die first) I want to ensure that my children finally inherit what is theirs and not my "future" spouses children. Or am I wrong in that my "future" husband would automatically be entitled to half of my property which would subsequently pass to his children?

Are you asking about how you can leave your property in your Will when you die or what will happen to your property if you re-marry and subsequently divorce?

I am referring to leaving my property to my children by a will should I die before my future second husband. I would like to know if I remarried can I still leave the full value of my property by will to my children (giving my future husband the security to live in the house for the rest of his life should he choose to do so)I believe this is called a Life Interest will. If I remarry is my future husband "automatically" entitled to half the value of the house (which would then go to his own children on his death) Hopefully I can ensure my future marriage will not prevent my own children losing part of the equity in my property I have now

Yes you can leave someone a life interest, such as living in the house while they need to,like you suggest.

I had a couple of relatives who married late in life that did it. Only thing to bear in mind is it could be many years before your children can then get their inheritance.

An uncle of mine died nearly 20 years ago and his widow, who he had only been with a few years, still lives in his house. He didn''t have any children himself but left everything to his nephews and nieces. Looks like we will be waiting a while yet!

Will planning is complex and there is no substitute for independent legal advice about your particular circumstances. An existing will is revoked on remarriage (unless it was made in anticipation of the marriage.) In England & Wales should you pass away the laws of intestacy come into force and your new spouse would keep personal belongings, any jointly held assets as well as up to £250k + half the residual of your estate. The other half passes on to your children.

If on remarriage you make a will leaving any assets in your sole name to your children they would inherit as you intended. Any assets held jointly with your husband would then usually pass to him and not your children. A Life Interest Trust could make provision for your husband to live in the property (or your share of it) until he dies and your assets would ultimately be passed on to your own children.

Depending on the size of your estate there may be Inheritance Tax implications in all the scenarios above.

dear Fiona, stbx does not want to inherit my four children out of spite for supporting me with divorce, is there anyway I can, during settlement negotiations, guarantee that he does and is it binding, he needs to settle asap and needs me to agree to a quick divorce so he avoids going to court. thank you.

The aim of a divorce settlement is to separate the finances as much possible so I''m afraid what a former spouse spouse does with their share is up to them.