law for life

What Is a Trust?

A trust is a legal arrangement where a person transfers assets to other people to manage for the benefit of others. Trusts can be used during your lifetime or set up in your Will to take effect on death. They allow you to retain a degree of control over when and how assets are distributed, which is often not possible with outright gifts.

Depending on the type of trust, trustees may have discretion over how funds are distributed, or the trust may impose more rigid instructions. The structure can be tailored to suit a wide range of family, financial, and tax planning needs.

Trusts and Inheritance Tax

Trusts can be powerful tools in reducing inheritance tax liabilities, particularly in cases where asset values are expected to grow faster than future increases in the nil-rate band.

They can be used to benefit grandchildren directly, potentially bypassing your children’s estates and reducing tax exposure over successive generations. Trusts also provide a structured way to pass on life insurance proceeds or business assets while retaining some control and tax advantages.

Couples who have previously been widowed may, through the use of trusts, make use of additional nil-rate bands that would otherwise be lost. Existing discretionary trusts in Wills should be reviewed carefully, as they may still offer asset protection or tax flexibility, even if your circumstances have changed.

Flexibility and Long-Term Planning

One of the key strengths of a trust is its flexibility. Life is unpredictable, and the needs of your family may change over time. A trust allows your appointed trustees to respond to those changes, making decisions in the best interests of your beneficiaries while protecting the original intentions behind the gift.

Unlike an outright gift, which cannot be reversed, a trust gives your estate planning room to evolve, all while ensuring your assets are managed and passed on in a way that aligns with your values.

Trusts

How Franklins Solicitors can Assist

Trusts are highly regulated and must be properly established and administered. If a trust is not set up or managed correctly, it can be challenged, potentially defeating its purpose and causing unnecessary stress for your loved ones.

At Franklins Solicitors, we offer specialist advice on all aspects of trust planning, including:

Advising on the most appropriate type of trust for your circumstances
Assisting with the ongoing administration of trusts and supporting trustees
Drafting clear and legally sound trust documentation
Advising on the tax implications of different trust structures
Trusts

FAQs

Are there rules about what can go into a Trust?2025-08-21T16:42:11+01:00

Yes. The law places restrictions on certain assets. Some investments, company shares, or mortgaged properties may not be suitable for trusts. Always seek legal advice before transferring assets.

When does a Trust take effect?2025-08-21T16:42:32+01:00

A Trust becomes effective once it has been properly signed, dated, and, if applicable, registered.

Who manages the assets in a Trust?2025-08-21T16:42:50+01:00

The appointed trustees are legally responsible for managing and distributing the trust assets according to the terms of the Trust.

Can property in a Trust be sold?2025-08-21T16:43:10+01:00

Yes. Trustees can sell trust property if the Trust allows it and doing so is in the best interests of the beneficiaries.

How long can a Trust last?2025-08-21T16:44:31+01:00

The duration of a Trust depends on how it’s set up. Many trusts are designed to last until a specific event occurs, like a beneficiary reaching a certain age, while others can run for up to 125 years under current UK law.

Do Trusts need to be registered?2025-08-21T16:44:09+01:00

Some Trusts must be registered with HMRC’s Trust Registration Service, especially those with UK tax liabilities. Even some non-taxable trusts now require registration under anti-money laundering regulations. We can advise you on whether registration is needed.

Can I be a trustee and a beneficiary of the same Trust?2025-08-21T16:43:49+01:00

Yes, in many cases you can be both a trustee and a beneficiary. However, care must be taken to manage any potential conflicts of interest, and the Trust must be drafted carefully to comply with legal duties.

What are the risks of putting assets into Trust?2025-08-21T16:43:30+01:00

Once assets are placed in Trust, you no longer legally own them. Trusts can carry tax implications, including inheritance tax charges. Selling trust assets may be more complex, and if trustees act improperly, legal action to resolve issues can be costly.

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