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Trusts

A trust is a legal agreement which binds a person (called a ‘trustee’) to deal with property in that trust (which could include money, investments, land or buildings, or other assets such as jewellery) in a particular way for the benefit of the ‘beneficiaries’ of that trust.

Trusts can be created by you during your lifetime, or upon death in a will, to give away property (including money, investments land, buildings or assets) in a controlled way.

There are three most commonly used types of trusts:

Other less commonly used types of trusts include:

Trusts have many uses, including taxation and the protection of assets and loved ones. Common uses of trusts include:

Leaving money to young children

In this case, you would create a trust to hold assets for that child until they reach a specified age, when the child is older and more experienced.

Leaving assets to children who may divorce or become bankrupt in future

In this case, you would create a trust to enable the Trustee(s) to have discretion over who benefits, and when they benefit.

Minimising Inheritance Tax liability

In this case, you would create a trust to minimise the Inheritance Tax payable out of an estate upon your death.

Protect your assets from being taken over by Government/Social Services

In this case, you would create and transfer your assets into a trust, which your trustees will manage rather than the authorities, but you still benefit from them during your lifetime.

Second Marriages where children are involved

In this case there is good reason to create a Life Interest Trust. This ensures that the matrimonial home is held as joint tenants-in-common and the surviving spouse is able to reside in the share of the matrimonial home owned by the deceased spouse for the rest of their life (until re-marriage) and thereafter the share of the deceased spouse will fall into the hands of the children of the first spouse to die.

At Will Solutions, we can help you with creating a trust, administering a trust and winding up or ending a trust. We can also advise you on any tax implications. For further information please call 0800 019 3460 or send us an email.