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Trusts in Wills

Trusts are one of the most misunderstood tools in estate planning — but used properly they can protect a home from care fees, ring-fence a child's inheritance, and keep wealth in your bloodline for generations.

What is a trust?

A trust is a legal arrangement where one or more people (the “trustees”) hold assets on behalf of others (the “beneficiaries”) under a set of rules you lay down. The trustees are the legal owners; the beneficiaries are the people who actually benefit. You set the rules in the trust deed — and in the case of a will trust, the rules live inside your will and only come into effect when you die.

Trusts sound intimidating, but they boil down to a simple idea: you are handing your assets to trusted people to look after, with written instructions about who benefits and when. They are tools. The right one, used for the right reason, can save a family tens or even hundreds of thousands of pounds.

Trusts in Wills

Why people include trusts in their wills

There are four common reasons we see clients using trusts. Each solves a specific, concrete problem.

Protecting a share of the home from care fees. If you own a house jointly with your partner and one of you later needs residential care, the means test will usually include the survivor's entire home. A Property Protection Trust lets the first partner's share pass into trust on death, so only the survivor's share is at risk later on.

Ring-fencing a child's inheritance. If a beneficiary is vulnerable — bankrupt, divorcing, addicted, or claiming means-tested benefits — an outright inheritance can be lost almost immediately. A trust lets the trustees hold the money and release it carefully.

Keeping wealth in the bloodline. Worried that your son- or daughter-in-law might walk off with a slice of your estate after your child dies or divorces? A properly drafted trust keeps the capital on your side of the family.

Looking after young children. If you die while your children are still minors, a simple “age 18 or 21” trust in the will controls what they receive and when.

Trusts in Wills advice

Types of trust we commonly include

Property Protection Trust (PPT): Protects the first-to-die partner's share of the family home. The survivor keeps the right to live there for life, but the deceased's share passes eventually to children, not into any future care assessment or new marriage.

Discretionary Trust: Flexible “pot” trust where trustees decide who gets what, when and how, from a class of potential beneficiaries you name. Powerful for vulnerable beneficiaries, blended families, and future-proofing.

Life Interest Trust: Gives one person (often a second spouse) the right to income from an asset for life, with the capital passing to others (often children from a previous relationship) afterwards.

Bereaved Minor / 18-25 Trust: For children who lose parents young — protects the inheritance with tax advantages baked into the rules.

Disabled Person's Trust: Protects a disabled beneficiary's means-tested benefits while still providing for their quality of life.

Estate planning

How we approach trusts

We don't recommend trusts as a default. Most clients don't need one. Simple estates, adult children, no care worries, no complex tax — a straightforward will does the job perfectly.

But when a trust is the right answer, it can be transformative. During your consultation we take the time to understand your family, your assets, and what keeps you awake at night. Only then do we talk about whether a trust is worth the extra cost and complication.

We are upfront about what trusts cannot do. They are not a silver bullet against care fees if set up after the event. They are not automatically inheritance-tax-saving. And they bring paperwork — trustees have duties, and some trusts need registering with HMRC's Trust Registration Service. We'll explain all of this before you commit.

If a trust is recommended, we'll draft it inside your will with the correct wording for your situation. We'll also brief your trustees in writing so they know what's expected of them.

Common questions

Frequently asked

Do I definitely need a trust in my will?

No. Many clients don't. Trusts solve specific problems — care fees on the family home, vulnerable beneficiaries, blended families, protecting wealth across generations. If none of those apply, a simple will is usually better. We'll tell you honestly during your consultation.

Do trusts save inheritance tax?

Some can, in specific circumstances — but most will trusts are about control and protection, not tax savings. Anyone promising that a standard will trust automatically 'saves inheritance tax' should be treated with caution. We'll give you realistic figures for your estate.

What are the downsides of trusts?

They add cost to the will, they give your trustees responsibilities, some need registering with HMRC's Trust Registration Service, and if they're not set up correctly they can cause more problems than they solve. That's why it matters who drafts them.

Can trusts be challenged?

Any will or trust can in principle be challenged — under the Inheritance (Provision for Family and Dependants) Act 1975, for example, or on capacity or undue influence grounds. Well-drafted trusts in a properly executed will are robust, but nothing in estate planning is 100% bulletproof.

Related services

Property Protection Trust

Shield half your home from care fees while protecting your partner.

Learn more →

Discretionary Trust

Flexible trust for vulnerable beneficiaries and blended families.

Learn more →

Complex Wills

When life or assets are complicated, a template won't do.

Learn more →

Protect what matters most

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