[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-488910-105":59,"doc-detail-488910-en":130},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":123,"head_meta":125,"extra_data":127,"updated_unix":129},105,"en","guide-to-interest-in-possession-trusts-estate-planning-risks-and-solution","Guide to Interest in Possession Trusts - estate planning risks and solution","","Explains risks to assets where there is no will, only basic or mirror wills, particularly around first and second death. Details exposure to care costs, creditor claims or bankruptcy, and complications such as marriage after death and divorce, including inheritance tax pressures and generational IHT. Then presents a solution using discretionary trusts and interest in possession (IIP) trusts, including severing the family home tenancy to tenants in common to protect intended beneficiaries.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":35,"@type":76,"position":81},"https://docshare.wps.com/document/healthcare/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/guide-to-interest-in-possession-trusts-estate-planning-risks-and-solution/488910/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/guide-to-interest-in-possession-trusts-estate-planning-risks-and-solution/488910.png","ImageObject",300,407,{"name":92,"@type":93},"Ivy","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-07","2026-10-01",true,{"@type":102,"interactionType":103,"userInteractionCount":39},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What risks do assets face when there is no will or only basic/mirror wills in place?","Question",{"text":112,"@type":113},"Assets are exposed to care costs for the surviving spouse or partner, creditor claims or bankruptcy, and the inherited estate being redirected after re-marriage. These risks can undermine what you intended your loved ones to receive.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What further risks can apply to the estate you wished your beneficiaries to benefit from on second death?",{"text":117,"@type":113},"Risks include inheritance tax on amounts beyond the couple’s nil rate bands, divorce proceedings affecting what beneficiaries receive, beneficiary exposure to creditors or bankruptcy, additional future care costs, and generational IHT impacts.",{"name":119,"@type":110,"acceptedAnswer":120},"How does the proposed solution using an Interest in Possession (IIP) trust and discretionary trust protect beneficiaries?",{"text":121,"@type":113},"It severs the tenancy on the family home to hold it as tenants in common and, on death, passes the deceased’s assets into the discretionary trust and IIP trust via the will. The beneficiaries can access trust funds while the assets are intended to be protected from beneficiaries’ care costs, creditor claims, further/generational IHT, MAD, and divorce settlements.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},488910,1792833580,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":34,"category_name":35,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":39,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":81,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":39,"preview_page_count":4},549758252649,"https://ap-avatar.wpscdn.com/avatar/8000253669c5317157?_k=1778319167496531819","Guide to Interest in Possession Trusts  \nWHERE THERE IS NO WILL, OR COUPLES HAVE ONLY A BASIC WILL/ MIRROR WILLSIN PLACE, YOUR ASSETS ARE EXPOSED TO THE FOLLOWING RISKS:  \nCare Costs  \nFollowing first death, should the surviving spouse or partner need Care then the whole estate including the family home would be assessed to pay for the cost of that Care.  \nCreditors or Bankruptcy  \nIf the surviving spouse were to be subject to Creditor Claims/Bankruptcy then the inherited estate is fully at risk.  \n! Marriage After Death (MAD)  \nOn first death all the assets are then solely owned by the surviving spouse. What if the surviving spouse re-marries? The inherited estate could be lost to the new spouse, disinheriting your children.  \nON SECOND DEATH THERE ARE FURTHER RISKS TO THE ESTATE YOU WISHED  \nYOUR LOVED ONES TO BENEFIT FROM:  \nInheritance Tax (IHT)  \nInheritance Tax would be payable on any amount in excess of the couple’s Nil Rate Bands (NRB) .  \nDivorce  \nIf your children/chosen Beneficiaries are subject to divorce proceedings, then half of what you intended them to receive is at risk to Divorce settlements.  \nCreditors or Bankruptcy  \nSimilarly, if any of your Beneficiaries are subject to Creditor Claims/Bankruptcy then the inherited estate is fully at risk.  \n! Their own future Care Costs  \nIf the inheritance has been passed to your chosen Beneficiaries, these assets could later be assessed for their own Care Costs.  \n! Generational IHT  \nOn second death the remaining estate is likely to be directed by the Will to the Beneficiaries. This then adds to the Beneficiaries’ estates and could impact their own Inheritance Tax.  \nThis sheet contains only general planning and is not to be construed as advice for any personal planning. Each strategy recommended is based on individual circumstances.  \n28 Benton Road, High Heaton, Newcastle upon Tyne, NE7 7DU [www.thewillguys.co.uk](www.thewillguys.co.uk)  \nOUR SOLUTION  \nSEVER THE TENANCY ON THE FAMILY HOME TO BE HELD AS ‘TENANTS IN COMMON’  \nOn death, the deceased’s assets, including their share of the property, is passed into their Discretionary Trust and Interest in Possession (IIP) Trust via the will. On first death, the surviving spouse or partner continues to live in the property and able to move as they wish, if they choose to do so. In the event the surviving spouse or partner should enter care, they only own half a house.  \nTHE BENEFICIARIES HAVE ACCESS TO THE TRUST FUNDS BUT WE ENSURE THAT THESE ASSETS DO NOT ENTER THEIR ESTATES AND SO ARE PROTECTED FROM ATTACK BY THE  \nFOLLOWING:  \n Care  \nIf assets are held in Trust, they could also be  \nprotected against the beneficiaries’ own Care costs.  \n Creditors or Bankruptcy  \nSimilarly, if any of your Beneficiaries are subject to Creditor Claims/Bankruptcy then their inheritance could be protected from such claims.  \n Further or Generational IHT  \nHolding the assets in the Trust ensures that they do not add to the Beneficiaries’ estates and impact on their own Inheritance Tax.  \n Residence Nil Rate Band (RNRB)  \nOur Trusts ensure that if there are lineal descendants as beneficaries, the Trust will still qualify for the RNRB.  \n Marriage After Death (MAD)  \nPlacing half of the family home and other assets into a Trust on first death ensures that, should the surviving spouse remarry in the future, those assets cannot betaken into the second marriage and removes the threat of your own children being disinherited. The survivor is still able to use the assets in the Trust.  \n Divorce  \nPlacing the assets into Trust ensures that, if your children/chosen Beneficiaries are subject to Divorce proceedings then what you intended them to receive could be protected from any Divorce Settlements.  \nThis sheet contains only general planning and is not to be construed as advice for any personal planning. Each strategy recommended is based on individual circumstances.  \n28 Benton Road, High Heaton, Newcastle upon Tyne, NE7 7DU [www.thewillguys.co.","cbCairVib6wF6QiG","https://ap.wps.com/l/cbCairVib6wF6QiG","pdf",2332513,"English","# Where there is no will: key risks\n## Care costs after first death\n## Creditor claims or bankruptcy\n## Marriage after death (MAD)\n\n# Second death: additional risks\n## Inheritance tax (IHT)\n## Divorce\n## Their own future care costs\n## Generational IHT\n\n# Our solution: the trust approach\n## Sever the tenancy on the family home to tenants in common\n## Protect trust assets from beneficiaries’ risks","[{\"question\":\"What risks do assets face when there is no will or only basic/mirror wills in place?\",\"answer\":\"Assets are exposed to care costs for the surviving spouse or partner, creditor claims or bankruptcy, and the inherited estate being redirected after re-marriage. These risks can undermine what you intended your loved ones to receive.\"},{\"question\":\"What further risks can apply to the estate you wished your beneficiaries to benefit from on second death?\",\"answer\":\"Risks include inheritance tax on amounts beyond the couple’s nil rate bands, divorce proceedings affecting what beneficiaries receive, beneficiary exposure to creditors or bankruptcy, additional future care costs, and generational IHT impacts.\"},{\"question\":\"How does the proposed solution using an Interest in Possession (IIP) trust and discretionary trust protect beneficiaries?\",\"answer\":\"It severs the tenancy on the family home to hold it as tenants in common and, on death, passes the deceased’s assets into the discretionary trust and IIP trust via the will. The beneficiaries can access trust funds while the assets are intended to be protected from beneficiaries’ care costs, creditor claims, further/generational IHT, MAD, and divorce settlements.\"}]","Guide to Interest in Possession Trusts - estate planning risks and solution | PDF",1790818870]