How do I 削減(する) my troublesome sister-in-法律 out of any 相続物件 from my 95-year-old grandmother? HEATHER ROGERS replies
My grandmother is 95, healthy and of sound mind. Sadly my mother passed away, so my grandmother's wishes are to leave 50 per cent of her 広い地所 each to me and my brother.
My brother is married to his wife, however she has かなりの mental health problems and their marriage is often rocky.
To 避ける in the 未来 潜在的に his wife 存在 する権利を与えるd to some of this 相続物件 we have discussed the 選択 of my grandmother leaving 100 per cent to myself.
相続物件: Are there any 税金 関わりあい/含蓄s on me spending 潜在的に large 量s on 'gifts' for my brother?
My brother and I have a very good and の近くに 関係. This would keep the money 安全に under my 支配(する)/統制する. I would then when the time is 権利 use the money to 供給する things for my brother such as a car, holiday and so on.
Other (警察などへの)密告,告訴(状) if 関連した is that I have 力/強力にする of 弁護士/代理人/検事 for my grandmother. When my grandad died, he left everything to my grandmother so I understand his 相続物件 税金 threshold will go to her.
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Heather Rogers replies: Many people wish to 保護する 資産s, either 未来 or 現在の, from 可能性のある (人命などを)奪う,主張するs from a spouse.
When a couple 離婚 the 資産s which are considered in a 財政上の 解決/入植地 are 普通は those classed as matrimonial 資産s.
These are 資産s which have been acquired during the marriage and 含む 所有物/資産/財産, 商売/仕事 利益/興味s, chattels and 年金s, 投資s and cash.
I will run through the 支配するs rega rding 離婚 and 相続物件s, then turn to your 明確な/細部 question.
How are 相続するd 資産s dealt with in a 離婚?
相続物件s are often an 問題/発行する in 離婚 訴訟/進行s. Should a spouse who has 相続するd 資産s be able to 保持する these for themselves? The answer to that question depends on a variety of factors:
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- When the 相続物件 was received
- Whether it has been spent and used during the marriage
- What other 資産s the couple have
- If there is enough in the マリファナ to be 株d between them
- The length of the marriage.
Depending on the circumstances, it may be possible to argue that the 資産 is not a matrimonial 資産; in other words, it has not been 吸収するd into the 資産s of the couple, and therefore it remains outside the マリファナ to be 分裂(する).
However, if the couple’s 財政/金融s are in a poor 明言する/公表する and there are very few 資産s to 分裂(する), then the 相続物件 may be みなすd by the 法廷,裁判所 to be up for 得る,とらえるs, 特に if it has been paid into a 共同の account and is 利用できる for both spouses to use.
What about 相続物件s which have not yet passed to a spouse?
A 法廷,裁判所 is ありそうもない to make a 裁判/判断 on a 可能性のある 相続物件. After all, 財政/金融s and wills can change.
It is only if the person has recently passed away and the 相続物件 is 限定された and/or 予定 very soon that the 法廷,裁判所 might consider it to be 関連した. It would need to be 宣言するd if received 事前の to a 財政上の 解決/入植地 存在 agreed.
How do you 保護する 相続物件s in 事例/患者 of a 離婚?
You can make either a pre or 地位,任命する nuptial 協定, which can 記録,記録的な/記録する the 資産s and the wishes of the parties.
Although not 合法的に binding, these will usually be upheld by the 法廷,裁判所 供給するing all the 条件s are met.
You can also keep the 相続物件 separate from other 結婚の/夫婦の 資産s and not use it during the marriage.
However, you need to take care about putting an 相続物件 into a 信用.
If 所有物/資産/財産 such as a received 相続物件 is put into 信用 and this is みなすd to be to 避ける the other party having a (人命などを)奪う,主張する on it, the 法廷,裁判所 can challenge this under family 法律 法律制定.
合法的な advice should be sought 事前の to any such 活動/戦闘 regarding 信用s 存在 considered.
If you are 離婚ing, always make sure you 得る a 同意 order from the 法廷,裁判所 once your 財政上の 解決/入植地 has been agreed, to 避ける 未来 (人命などを)奪う,主張するs.
How might your brother 保護する his 相続物件?
First off, you are 訂正する that when your grandfather died, any 未使用の 'nil 率 禁止(する)d' as regards 相続物件 税金 will pass to your grandmother’s 広い地所. See the box below for more on how 相続物件 税金 作品.
In your brother’s 事例/患者, it sounds like 離婚 is a 可能性. It is not yet 限定された, and so the circumstances would depend on when the 相続物件 was received by your brother.
He and his wife may get 離婚d and your grandmother might be still be alive.
If that was the 事例/患者 then 供給するing that a 同意 order had been 得るd from the 法廷,裁判所, no その上の (人命などを)奪う,主張する could be made on your brother if he was then to 相続する.
Regarding you 相続するing the lot in 事例/患者 your sister-in-法律 has a (人命などを)奪う,主張する on it in a 離婚, you should consider the に引き続いて points.
1. The 相続物件 would be in your 広い地所 meaning that all gifts you give your brother would 落ちる under the seven-year 支配する.
My previous column on gifts and 相続物件 税金 gets into the 十分な 詳細(に述べる).
However, the important 支配する to remember is that if you make gifts in your lifetime, then 相続物件 税金 could be payable on them when you die, if they are made より小数の than seven years before the date of your death.
2. Any gifts you give your brother would likely be considered matrimonial 資産s should he 離婚, so if you gave cash or bought him a car this would leave him in the same 状況/情勢 as if he 相続するd himself.
3. Something could happen to you, or you and your brother could 落ちる out.
Regarding your その上の 選択s if your grandmother left everything to you, a 行為 of variation in your brother's favour could be made within two years of your grandmother’s death.
A previous column explains how 行為s of variation work, but the important 問題/発行する here is it would mean that any change to the 受益者s would be みなすd to have come from the 初めの will and not as a gift from you.
However, it is important to be careful that a 行為 of variation could not be seen as 否定するing your brother's wife 財政上の 救済.
Another 選択, if your grandmother chooses to do this, is for her to leave your brother's 株 to him in a 信用 through her will.
This does not 保証(人) that no (人命などを)奪う,主張する will be made by his wife, 特に if he 利益s from the 信用 during their marriage.
However, a 'letter of wishes' left with her will could be 明確な/細部 regarding your grandmother’s own 意向s on this 事柄.
Whether a 信用 利益/興味 will be considered a 財政上の 資源 and therefore a matrimonial 資産 in a 離婚 will depend on a number of factors and this is usually 決定するd by the 法廷,裁判所.
Your grandmother could also leave part of her 広い地所 to any children of your brother and his wife, either 完全な or in 信用, or with them having the 権利 to 資本/首都 and your brother to income, although the income would most likely be taken into account in a 離婚.
信用s can be コンビナート/複合体 to manage and 税金 returns are needed. There can also be periodic 告発(する),告訴(する)/料金s of 相続物件 税金 depending on the 量 投資するd and the type of 信用 used.
To 結論する, there is no way of 完全に 保証(人)ing 保護 of a 未来 相続物件. You should take advice from a solicitor before making any 決定/判定勝ち(する)s, and most certainly regarding any setting up of a 信用.