Trusts

A question we’re frequently asked by clients is whether they should include a trust within their Wills. The fact is that all Wills already contain a basic trust by the appointment of executors.

Part of an executor’s responsibility is to hold a deceased person’s assets on trust to pay liabilities and if applicable, inheritance tax before distributing to beneficiaries. In some circumstances it is appropriate for a more complex type of trust to be included in a Will.

What is a Trust?

We understand that trusts can seem overly complicated, however, in simple terms a trust is made up of the following:

  • the trust fund – property or cash
  • trustees who manage the trust fund – these can be your executors or another person of your choosing
  • the beneficiary or beneficiaries who you wish to benefit from the trust fund

Discretionary Trusts

A discretionary trust or life interest trust are the two main types of Will trust. A discretionary trust allows for funds to be released at the discretion of the trustees. The nature of the trust means that there is more than one beneficiary amongst which that discretion can be exercised. The trustees are generally given a ‘Letter of Wishes’ which would provide guidance on how they would exercise their discretion.

Life Interest Trusts

Life interest trusts are often created with asset protection in mind. This often arises when a married couple have children from a previous relationship and they each want to protect each other and their respective children for the future, avoiding disputes when they are no longer around.

Estate Planning and Trust Specialists at Boyletts Law

Trusts are a complex area of law that require sound legal advice from a lawyer with expertise in this area. Whatever your needs, we will tailor our services to suit your circumstances.

Make an enquiry

If you would like to arrange an appointment please contact our friendly team today on 01279 295047

or by completing our online enquiry form.

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Monday: 9am - 5pm
Tuesday: 9am - 5pm
Wednesday: 9am - 5pm
Thursday: 9am - 8pm
Friday: 9am - 4pm
Saturday: By appointment

Appointments

We have FREE onsite parking, disabled access and in addition to meetings at the office, we are able to arrange appointments by Zoom, Skype, FaceTime or telephone. We also offer free home visits if required.