News1 min ago
INHERITANCE
i have a few houses that i rent out. they are all on buy to let mortgages. can they be left to my children in a will? thanks for any replys
Answers
You take out life insurance so the mortgages get paid off if/when you die.
16:42 Tue 08th May 2012
Obviously you can only leave what you own often a property has been disposed of that is named in the will so it has no effect. If you intend to leave your estate to your three children this is no problem but make it clear how you wish it to be done, make sure there are two witnesses to your signature who are not beneficiaries in your will,
It will not matter if they predecease you, but what happens if any of your children predecease you?
As has been said you may wish to consider life assurance.
It will probably be a good idea to name the beneficiaries as executors, but make sure they are aware of the location of the will and get their agreement to be executors, do make your will clear, if in any doubt get a solicitor to draft your will. A judge in the high court once said about a DIY will “the testator filled in the will form and signed it no doubt thinking he had done a good job, he had for the legal profession”.
It will not matter if they predecease you, but what happens if any of your children predecease you?
As has been said you may wish to consider life assurance.
It will probably be a good idea to name the beneficiaries as executors, but make sure they are aware of the location of the will and get their agreement to be executors, do make your will clear, if in any doubt get a solicitor to draft your will. A judge in the high court once said about a DIY will “the testator filled in the will form and signed it no doubt thinking he had done a good job, he had for the legal profession”.
depending on the size of estate there will undoubtedly be taxes to be paid and unless there is enough cash or other assets to cash in to cover this it may mean the house(s) have to be sold to raise enough cash. Or put another way if you leave a property to each of your children then how will the tax get paid? The answer to that can be via other things in the estate but if you then detail that you will leave, say, each of your grandchildren 10k (as you have that much equity in other things once cashed in), will they actually get their cash once taxes are settled? It can and does get extremely complicated. Often the easist and fairest way is to sell everything and leave %'s of the 'pot' (after tax)to named people.
With regard to life insurance this could be a reducing payout upon death as the amount you owe on your mortgage decreases each year.
With regard to life insurance this could be a reducing payout upon death as the amount you owe on your mortgage decreases each year.