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Setting up a trust can be an effective way to protect your assets and ensure the people you care about are financially supported in the future. Whether your goal is to provide for children, protect a vulnerable loved one, or plan how your estate will be managed after your death, a trust can offer flexibility and peace of mind.
Although trusts can seem complicated at first, they are not just for the wealthy. Trusts can be tailored to suit people from all backgrounds and a wide range of personal circumstances.
If you’re considering creating a trust, Zavri Law’s network of experienced wills, trusts, and probate solicitors can help you understand your options and guide you through the process. Contact our legal assessment team for more information and a fixed-fee quote.
A trust is a legal arrangement that allows you to place assets under the control of trusted individuals for the benefit of others.
Trusts can be used to manage:
Money and savings
Property and land
Investments such as shares and bonds
Personal belongings
Assets intended for individuals or charities
You decide who benefits from the trust and under what circumstances.
A trust involves three main roles:
The person who creates the trust
Decides which assets go into the trust
Determines who benefits and when
The person or organisation responsible for managing the trust
Must act in the best interests of the beneficiaries
Can include the settlor
Successor trustees can be appointed to take over in the future
The person or people who benefit from the trust
May receive income, capital, or the right to live in a property
Can also act as a trustee in some cases
A trust can have one or multiple beneficiaries, including:
A named individual
A group (such as children or grandchildren)
One or more charities
An organisation or club
The rights of beneficiaries depend on the type of trust created.
For example, in a bare trust, beneficiaries usually gain full access once they reach 18.
Trusts are used for many reasons, including:
Providing for children or young adults
Protecting someone who cannot manage their own affairs
Supporting a spouse or partner during their lifetime
Planning for incapacity later in life
Reducing delays caused by probate
Keeping financial matters private
Protecting assets from certain legal claims
Planning how wealth is managed across generations
Trusts can also play a role in tax and estate planning, depending on the structure used.
Before creating a trust, it’s important to think carefully about:
Potential tax implications
Setup and ongoing administration costs
Which assets should be placed into the trust
Who should act as trustees
When and how beneficiaries should benefit
How changes in the law may affect the trust
Current and future needs of beneficiaries
How trust assets will be managed
It is also common to review or update your will at the same time to ensure consistency.
Trusts can involve several types of tax, including:
The standard nil-rate band is £325,000 (2023/24 tax year)
Additional allowances may apply, such as the Residence Nil Rate Band
Transfers into trust above the threshold may attract tax
May apply when assets increase in value
Can arise when assets are transferred into or out of a trust
Tax rules are complex and subject to change, so professional advice is strongly recommended.
A trust can be created:
During your lifetime (a lifetime trust), or
Through your will
The trust is set out in a legal document known as a declaration of trust, which specifies:
Who the trustees are
Who the beneficiaries are
Which assets are included
How assets should be managed
How and when benefits are distributed
Mistakes at this stage can have serious long-term consequences, so careful drafting is essential.
Most assets can be placed into a trust, including:
Cash
Investments
Property and land
Life insurance policies
Personal belongings such as jewellery or artwork
Some of the most widely used trusts include:
Trustees decide how and when beneficiaries receive assets
Commonly used for family wealth planning
Beneficiary becomes entitled to all assets at age 18
Simple structure, often used for children
Beneficiary receives income but not capital
Often used to support a partner during their lifetime
Combines features of different trust types
Designed to support disabled or vulnerable individuals
May offer favourable tax treatment
Managed by trustees based overseas
Different tax rules may apply
A trust solicitor specialises in wills, trusts, and probate law.
They provide advice on:
Choosing the right type of trust
Drafting legally sound documents
Minimising tax exposure
Ensuring your trust works alongside your will
Using a solicitor helps ensure:
Your trust is legally valid
Your intentions are clearly documented
Trustees understand their responsibilities
Potential disputes are avoided
A solicitor can also advise on protecting assets and managing trusts for minors.
Trusts are not only for high-net-worth individuals.
Costs depend on complexity, but typically range from:
£500 to £625 in most standard cases
Fixed-fee options are often available.
Placing your home in a trust can offer benefits such as asset protection and avoiding probate, but it also comes with:
Legal and administrative costs
Reduced flexibility
Possible tax consequences
Loss of direct control
Professional advice is essential before making this decision.
If a trust and a will contain conflicting instructions:
A properly established trust usually takes priority
Exceptions may apply if the trust is not correctly funded
This is why careful coordination between your will and trust is crucial.
Zavri Law works with experienced trust solicitors who can guide you through every step of setting up and managing a trust.
Contact us today for a free initial assessment and start planning for your family’s future with confidence.
This content is provided for general information purposes only and does not constitute legal advice. Laws and regulations may change, and individual circumstances vary. You should seek advice from a qualified solicitor before making any legal decisions.