Your Trust Made Easy
We use primarily two types of trust in assisting our clients to manage their assets/estates. We describe them simply as ‘Will Trusts’ and ‘Family Asset Trusts.’
Who needs a trust and why?
There are many reasons to set up trusts but essentially they do two things, firstly protecting assets for beneficiaries and secondly saving you and your estate money.
What is a will trust?
A will trust is as it’s title describes a trust within a will which comes into effect on the death of the testator/testatrix. They are commonly used to protect property, or to protect assets for children or to bypass a spouse. Our most popular will trust is the property protection trust.
Saving Money
Asset trusts can save your estate money, probate is negated and inheritance tax liabilities reduced for your children and grand children in some instances. Assets within a trust will not come under Court of Protection control should you lose capacity and avoid the costs involved of regaining some of that control.
Trust Preparation Process
The consultation takes place and an explanation is given of what trusts are available and what they can achieve.
Once you have chosen the type of trust you wish, we will guide you in such a way to make sure you reduce the normal solicitors fees and costs, by helping you to administrate and create your settlement correctly.
The preparation of your will(s) and or trusts which can be prepared in 2 or 3 weeks or a little longer depending on complexity.
The delivery and guidance with the signing of your Will(s) and/or trust documents.
You may choose to keep your Wills and/or Trust Settlement at home or in a safe place heeding the message from the Ministry of Justice (gov.uk) warning you NOT to store your will at a bank in your safety deposit box. The box CANNOT be opened until probate is granted and probate can’t be granted without the original will.
Our partners will provide you with one of the most comprehensive systems where only you and your partner (or on your passing) your chosen executors gain access to your documents with an ID certificate issued on completion. This will make sure whilst your alive and your will/wills are a live document, you can make amendments/changes without any further codicil charges for instructing the changes. There are flexible payment options from lifetime (one off payment), annually or monthly to suit all budgets.
Common questions
- Do trusts protect against care fees?
You must not set up a trust to primarily avoid care fees as this could be viewed as deprivation of assets. However, a will trust can protect half of your property and the contents of an asset trust correctly held within would not be subject to an individual’s assets for means testing , so yes but talk to your consultant to clarify - How long does a trust last?
A trust can last for 125 years, so the elements placed within your trust can continue to benefit your family and your families family long after you are gone. - Who controls the trust?
You would be named as the ‘Principle Beneficiary’ of the Asset Trust, and would retain control of the assets within the Trust while you are alive and have mental capacity. Then your trustees, who you select would control the trust on behalf of the beneficiaries.







