Trusts2025-10-07T09:17:31+00:00

Will Trusts

Will trusts protect your assets and loved ones by addressing potential vulnerability in your estate. If you have children from a previous relationship, property you wish to protect or a vulnerable beneficiary, adding a Will trust may be beneficial.

Added certainty in complex circumstances

Added certainty in complex circumstances

A standard Will can offer significant peace of mind if you have straightforward circumstances. However, in some instances, it might not offer the level of protection desired.

It is very common to wish for assets to be left to one a particular beneficiary to inherit in the future but used or controlled by someone else in the meantime. The danger is that a standard Will will only allow assets to be inherited directly by one beneficiary. They become the sole, legal owner of those assets at the time you pass away and can therefore do whatever they want with them. They are under no legal obligation to save them for, or give them to, anyone else in the future and this can create a worrying vulnerability for both your assets and your beneficiaries.

Will Trusts can help ensure your wishes are followed if you have a more complicated set of circumstances such as:

  • children from a previous relationship
  • a vulnerable beneficiary (for example someone with a disability or addiction)
  • property you wish to leave to your children but would like your partner to live in
  • property and cash savings you want to protect against third party claims such as divorce, bankruptcy or care home fees

In these situations, your loved ones could be at risk of either a reduction in their quality of life or missing out on their inheritance all together.

Safeguard your assets and loved ones

By adding a Will trust to your Will you can mitigate any potential vulnerabilities that may arise in your estate.

  • Your assets will be protected so they can be used by named beneficiaries but not owned outright by them.
  • Ultimate beneficiaries can be named who will inherit at a specified time in the future but not immediately
  • Trustees, appointed by you, will look after and control the assets according to your wishes

In this way, you can be certain that your assets will be protected, and your loved ones looked after.

Safeguard your assets and loved ones

Don’t let complicated circumstances put you off making your Will. Speak to our team today.

We can help you make the right decisions for you and your loved ones

Since 1992 we have help thousands of clients ensure their assets and loved ones are protected, even in the trickiest of circumstances. Our consultants are experts in recognising potential vulnerabilities within your estate and will offer easy to understand, jargon free advice. Will Trusts will often be suggested as they provide the legal frame around which to structure your wishes, rather than leaving things to chance.

We have helped with many complex situations over the years, but there are some common circumstances below in which using a Will Trust can offer significant peace of mind.

Do you have children from a previous relationship?

The potential risk: children from previous relationships can miss out on their inheritance as a result of sideways disinheritance, as you try to protect the interests of your new spouse/civil partner.

Consider a Life Interest Trust. This trust allows you to protect the capital of any property, cash assets and other investments for your ultimate beneficiaries, such as your children, whilst giving the income to your spouse or partner for life.

Single: £450
Mirror: £750

Do you have a vulnerable beneficiary?

The potential risk: Vulnerable beneficiaries might be taken advantage of, miss out on state benefits or make unwise decisions as to how their inheritance is spent.

Consider a Discretionary Trust. This trust allows you to leave assets for the benefit of a vulnerable beneficiary to be held by trustees who can then protect the beneficiary and the assets.

Single: £450
Mirror: £750

Do you wish to ensure your partner can stay in your property until their death?

The potential risk: If your children inherit directly from you they could force your partner to leave the property. If your partner inherits the property there is no legal obligation for them to give it to your children.

Consider a Residency Trust. This trust allows someone such as your partner to continue living in your solely owned property, either for life or for a period of time, whilst ultimately keeping it safe for someone else such as your children.

£450

Do you want to protect the value of your property from third party claims?

The potential risk: After you pass way the value of your share of a property can be reduced by future divorce, bankruptcy or care home fee calculations.

Consider a Property Protection Trust. This trust allows your spouse or a partner to continue living in, or have a beneficial use of your property (or a share of it) for life, whilst ultimately keeping it safe for someone else, thus leaving more for your ultimate beneficiaries.

Single: £450
Mirror: £750

Frequently Asked Questions

What is a Will Trust?2025-02-21T09:31:23+00:00

A Will Trust is additional wording included in your Will that creates a legal framework offering your assets and beneficiaries extra protection.

How can a Will Trust help?2025-02-21T09:31:40+00:00

A Will Trust can reduce and mitigate against potential vulnerabilities in your estate, adding a protective wrapper around an asset, either for a certain beneficiary or against future third party claims such as care homes or bankruptcy.

How does a Will Trust work?
2025-02-21T09:31:58+00:00

A Will Trust only becomes legally binding once you have passed away.  On death, instead of the asset being inherited directly by a beneficiary, it is held in trust. This means the Trust is legal owner of the asset, and the trustees you have appointed in your Will have the responsibility of looking after the asset.  You would typically include specific instructions for the trustees as to how the asset is to be used and by whom and also state who will be the ultimate beneficiary of that asset.

What happens without one?
2025-02-21T09:32:16+00:00

Without a Will Trust the asset will pass directly to an individual beneficiary, and they will have complete control as to what happens to that asset.  As the legal owner of the asset, they can do with it what they wish and are under no legal obligation to hold on to it for another beneficiary. This means other beneficiaries could stand to lose out on their inheritance, either through sideways disinheritance, third party claims reducing the value of the estate or by the irresponsible actions of another beneficiary.

Do the right thing, make a Will.

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