MP Estate Planning UK

Protecting Your Assets: Wills vs Trusts for UK Families

When it comes to securing your family’s financial future, estate planning is not optional — it’s essential. With the average home in England now worth around £290,000 and the inheritance tax (IHT) nil rate band frozen at £325,000 since 2009, more ordinary families than ever are exposed to a 40% IHT charge, probate delays, and the risk of losing the family home to care fees. Understanding the difference between a will and a trust is the first step towards genuine protection.

At MP Estate Planning, founded by Mike Pugh, we guide UK families through the process of protecting their assets using the right legal instruments. In this article, we explore the key differences between wills and trusts under English and Welsh law, helping you make an informed decision about your estate.

Key Takeaways

  • Understand the role of wills in estate planning and their limitations
  • Discover how trusts — particularly discretionary lifetime trusts — can protect your family home and other assets
  • Learn the key legal and practical differences between wills and trusts under English and Welsh law
  • Find out which legal instrument is right for your family’s circumstances
  • Gain insights into effective asset protection strategies, including IHT planning and care fee protection

Understanding Wills and Trusts

When it comes to estate planning, understanding the difference between a will and a trust is crucial for UK families. Both are legal instruments that deal with what happens to your assets, but they work in fundamentally different ways — and understanding those differences could save your family tens or even hundreds of thousands of pounds.

Definition of a Will

A will (also called a last will and testament) is a legal document that sets out how you want your assets to be distributed after you die. It allows you to name executors — the people responsible for administering your estate — and specify who should inherit your property, savings, and possessions. If you have children under 18, a will also lets you appoint guardians for them.

A will only takes effect on your death. Until that point, it has no legal force, and you remain free to change or revoke it at any time. Importantly, once you die, your will must go through the probate process before your executors can distribute your estate. During probate, your will becomes a public document — meaning anyone can obtain a copy for a small fee.

Definition of a Trust

A trust is a legal arrangement — not a legal entity — where one or more trustees hold and manage assets on behalf of beneficiaries. England invented trust law over 800 years ago, and it remains one of the most powerful asset protection tools available. The trustees are the legal owners of the trust assets, while the beneficiaries hold the beneficial interest.

Unlike a will, a lifetime trust can take effect immediately — during your lifetime — and continues to operate after your death. This means assets held in trust bypass probate entirely, giving trustees the ability to act immediately without waiting months for a Grant of Probate. Trusts also remain private; there is no public register of trust assets (the Trust Registration Service is not publicly accessible, unlike Companies House).

By establishing a trust during your lifetime, you can protect assets from care fees, sideways disinheritance, divorce, and IHT — while still retaining a degree of control as one of the trustees. As Mike Pugh puts it: “Trusts are not just for the rich — they’re for the smart.”

Key Differences Between Wills and Trusts

When it comes to estate planning, understanding the differences between wills and trusts is crucial for UK families. The choice between these two legal instruments depends on several factors, including legal formalities, asset protection, and when you need the instrument to take effect.

Legal Formalities

One of the primary differences between wills and trusts lies in their legal formalities. A valid will in England and Wales requires the testator’s signature in the presence of two witnesses, who must also sign. A lifetime trust, by contrast, is established through a trust deed — a formal legal document that sets out the terms, trustees, and beneficiaries. A trust deed does not require witnesses in the same way, though it must be properly executed.

This difference significantly impacts the probate process. A will must go through probate — a legal process where the Probate Registry validates the will and issues a Grant of Probate, giving executors the authority to deal with the estate. The full probate process typically takes 3 to 12 months, and longer when property needs to be sold — sometimes 9 to 18 months in total. During this time, all sole-name assets are frozen: bank accounts, property, and investments cannot be accessed by the family.

Trust assets, by contrast, bypass probate delays entirely. Trustees can act immediately on the settlor’s death — there’s no waiting, no asset freezing, and no court involvement. Crucially, a will also becomes a public document once the Grant is issued, meaning anyone can obtain a copy. Trust deeds remain entirely private, which is important for families who value confidentiality.

Asset Management

Asset management is another area where wills and trusts differ substantially. A will only takes effect after the testator’s death and deals solely with the distribution of the estate at that point. It offers no protection during the testator’s lifetime — no shielding from care fees, no divorce protection for beneficiaries, and no IHT mitigation beyond basic exemptions.

A lifetime trust, however, can be effective from the moment it’s created. The most commonly used type — the discretionary trust — gives trustees absolute discretion over how and when to distribute income and capital to beneficiaries. No individual beneficiary has a legal right to the trust assets, which is precisely what provides the protection.

Trusts offer significant benefits in terms of asset management, including:

  • Immediate protection of assets from the moment the trust is created — not just after death
  • The ability to protect the family home from local authority care fee assessments (when planned properly and well in advance)
  • Protection against sideways disinheritance — ensuring assets pass to your children, not a new partner’s family
  • Divorce protection for beneficiaries — if a child’s marriage breaks down, trust assets are not automatically considered matrimonial property
  • Continuity of management, as trustees can continue to manage assets according to the settlor’s wishes even after their death or loss of mental capacity

Trust assets bypass probate delays entirely — trustees can act immediately, with no frozen assets and no court supervision required. For families with property, this alone can save months of uncertainty and expense.

asset management

In summary, the differences between wills and trusts are significant, particularly in terms of legal formalities, timing, privacy, and asset protection. Most families benefit from having both a will and a trust working together — the will catches anything outside the trust, while the trust provides the heavy-duty protection for your most valuable assets.

Benefits of Having a Will

Having a will in place is the absolute minimum for any responsible adult. It ensures that your assets are distributed according to your wishes under the rules of English and Welsh law, rather than being divided under the intestacy rules — which may not reflect your intentions at all.

Simplicity and Cost

Creating a will is generally simpler and less expensive than establishing a trust. A straightforward will can be prepared relatively quickly and affordably, making it an accessible starting point for many families. According to MP Estate Planning, a properly drafted will is the foundation of any estate plan — though it’s important to understand that a will alone cannot protect your assets from care fees, IHT, or probate delays.

Distribution of Assets

A will provides clear instructions on how your assets should be distributed, which helps reduce the risk of disputes among your beneficiaries. You can specify exactly who receives what — from your property and savings to personal possessions with sentimental value. You can also use your will to appoint guardians for minor children, express funeral wishes, and name your preferred executors.

asset distribution

However, it’s vital to understand a will’s limitations. A will does not take effect until death, provides no protection during your lifetime, and must go through probate — during which time your assets are frozen and the will becomes a public document. For families who want genuine asset protection, a will should be complemented by a lifetime trust.

BenefitsDescription
SimplicityStraightforward to prepare with fewer legal formalities than a trust
Cost-EffectivenessAn affordable starting point for basic estate planning
Clear Asset DistributionEnsures assets are distributed according to your wishes and appoints guardians for minor children

Advantages of Establishing a Trust

Trusts offer a range of powerful benefits that a will simply cannot provide — including privacy protection, control over asset distribution, protection from care fees, and defence against sideways disinheritance and divorce. For families with property, a trust is arguably the single most important estate planning tool available under English law.

Privacy Protection

One of the significant advantages of a trust is the privacy protection it provides. When someone dies with a will, that will goes through the Probate Registry and becomes a public document — anyone can request a copy. Trust assets, by contrast, bypass probate entirely. The trust deed remains private, and the Trust Registration Service (TRS) — where all UK express trusts must now be registered — is not publicly accessible. This means the details of your assets, your beneficiaries, and the terms of your trust stay confidential.

trust privacy protection

Control Over Asset Distribution

A trust — particularly a discretionary trust — gives you far greater control over how your assets are distributed than a will ever can. With a discretionary trust, no individual beneficiary has a legal right to the trust assets. The trustees (and you can be one of them) have absolute discretion over when, how much, and to whom distributions are made. This is the key mechanism that provides protection.

Consider the practical implications: if your child goes through a divorce, trust assets are not automatically treated as their assets in a financial settlement. If you need care, a local authority cannot simply count discretionary trust assets as yours in a means test — provided the trust was established well in advance and for legitimate reasons. And if your surviving spouse remarries, trust assets are protected from passing to their new partner’s family (sideways disinheritance).

A discretionary trust can last up to 125 years under English law, meaning it can protect multiple generations. Combined with a letter of wishes to guide your trustees, this gives you enduring control over your family’s wealth far beyond what any will can achieve.

As Mike Pugh says: “Not losing the family money provides the greatest peace of mind above all else.”

How Wills Are Executed in the UK

The process of executing a will in England and Wales involves the appointment of executors and the probate process. Understanding both is essential for ensuring that the deceased’s wishes are carried out properly and that beneficiaries receive their inheritance.

Appointment of Executors

The first step in executing a will is the appointment of executors. Executors are personally responsible for carrying out the instructions outlined in the will. This includes identifying all assets and liabilities, paying any debts and taxes owed by the estate (including inheritance tax), and ultimately distributing the remaining assets to the named beneficiaries.

When appointing executors, it’s essential to choose individuals who are trustworthy, organised, and capable of handling what can be a time-consuming responsibility. Executors are typically family members or close friends, but they can also be professionals such as solicitors. Be aware that professional executors will charge fees — sometimes a percentage of the estate — so it’s worth discussing this in advance.

The Role of Probate

Probate is the legal process by which the Probate Registry validates the will and issues a Grant of Probate — the document that gives executors the legal authority to deal with the deceased’s assets. Without this Grant, banks, building societies, and the Land Registry will not release assets held in the deceased’s sole name.

The probate process can be lengthy: the Grant itself currently takes around 4 to 8 weeks for straightforward cases, but the full process of gathering assets, paying debts and IHT, and distributing the estate typically takes 3 to 12 months — longer if property needs to be sold. During this entire period, all sole-name assets are frozen. Here are the key stages:

  • Applying to the Probate Registry with the original will and a nominal court fee
  • Identifying and valuing all of the deceased’s assets and liabilities
  • Paying any inheritance tax due (IHT must often be paid before the Grant is issued, which creates a cash flow challenge for many families)
  • Settling the deceased’s debts
  • Distributing the remaining estate to the beneficiaries named in the will

It’s also important to note that once the Grant of Probate is issued, the will becomes a public document. Anyone can obtain a copy for a small fee — there is no privacy in the probate process.

StepDescription
1Apply for Grant of Probate from the Probate Registry
2Identify, gather, and value all estate assets
3Pay inheritance tax and settle debts
4Distribute remaining assets to beneficiaries

probate process

This is precisely why many families choose to hold their most valuable assets — particularly the family home — in a lifetime trust. Trust assets are not subject to probate, which means trustees can act immediately upon the settlor’s death with no delays, no frozen assets, and no public disclosure.

The Trust Creation Process

When it comes to securing your family’s future, understanding the trust creation process is crucial. Creating a trust involves careful consideration of which type of trust suits your circumstances, who will serve as trustees, and how the trust should be structured to achieve your goals.

Types of Trusts Available

In English and Welsh law, the primary classification of trusts is straightforward. First, you consider when the trust takes effect: a lifetime trust is created during your lifetime and operates immediately, while a will trust is contained within your will and only takes effect on your death. Second, you consider how the trust operates. The most common types are:

  • Discretionary Trusts: By far the most widely used type for asset protection purposes. Trustees have absolute discretion over how to distribute income and capital among the beneficiaries. No beneficiary has a legal right to the trust assets — and this is the key feature that provides protection from care fees, divorce, and creditors. A discretionary trust can last up to 125 years.
  • Bare Trusts: The beneficiary has an absolute right to the capital and income once they reach 18. The trustee is merely a nominee. Bare trusts offer no asset protection — the beneficiary can collapse the trust at any time after turning 18 (under the principle in Saunders v Vautier). They are not IHT-efficient and cannot protect against care fees or divorce.
  • Interest in Possession Trusts: An income beneficiary (life tenant) receives income or the use of trust property during their lifetime, after which capital passes to the remainderman. These are commonly used in will trusts to prevent sideways disinheritance — for example, giving a surviving spouse the right to live in the family home, while ensuring it ultimately passes to the children. Post-March 2006 interest in possession trusts are generally treated as relevant property for IHT purposes, unless they qualify as an immediate post-death interest (IPDI) or a disabled person’s interest.

Within lifetime trusts, a trust can be either revocable or irrevocable — but this is a feature of the trust, not the primary classification. A revocable trust provides no IHT benefit because HMRC treats the assets as still belonging to the settlor (a settlor-interested trust). For genuine asset protection and IHT planning, an irrevocable trust is the standard. Mike Pugh’s trusts use irrevocable structures with “Standard and Overriding Powers” — these give trustees defined flexibility without making the trust revocable.

Key Players in a Trust

Understanding the roles of the key players in a trust is essential for effective trust creation. The main individuals involved are the settlor, trustees, and beneficiaries.

  1. Settlor: The person who creates the trust and transfers assets into it. The settlor can also be a trustee, which is common and allows them to retain day-to-day involvement in trust decisions.
  2. Trustees: The legal owners of the trust assets, responsible for managing them according to the trust deed and in the best interests of the beneficiaries. A minimum of two trustees is required. Up to four trustees can be registered on a property title at the Land Registry. Trustees have fiduciary duties and must act unanimously (unless the trust deed says otherwise).
  3. Beneficiaries: The individuals (or classes of people) who may benefit from the trust. In a discretionary trust, beneficiaries have no automatic right to anything — distributions are entirely at the trustees’ discretion.

Choosing the right trustees is a critical decision. The trust deed should include a clear process for removing and replacing trustees, and a letter of wishes can guide trustees on how you’d like the trust to be administered — without being legally binding, which preserves the discretionary nature that makes the trust effective.

trust creation process

All UK express trusts — including bare trusts — must now be registered on the Trust Registration Service (TRS) within 90 days of creation. The TRS register is not publicly accessible, so your trust details remain private. By understanding the different types of trusts and the roles of the key players, you can make an informed decision about which structure best protects your family. We’re here to guide you through every step of the process.

Tax Implications of Wills and Trusts

Understanding the tax implications of wills and trusts is crucial for effective estate planning in the UK. Inheritance tax (IHT) is charged at 40% on the value of a taxable estate above the nil rate band — and with the nil rate band frozen at £325,000 since 2009 (and confirmed frozen until at least April 2031), more families are caught by IHT than ever before.

When planning your estate, it’s vital to understand how wills and trusts each affect your tax position. A will alone offers limited IHT planning opportunities, while the right type of trust — properly structured — can be a powerful tax-efficient planning tool.

Inheritance Tax Considerations

Inheritance tax is a significant concern for UK families. The key IHT thresholds you need to know are:

  • Nil Rate Band (NRB): £325,000 per person (frozen since 2009, confirmed frozen until at least April 2031). Unused NRB can transfer to a surviving spouse or civil partner, giving a married couple up to £650,000.
  • Residence Nil Rate Band (RNRB): An additional £175,000 per person — but only available if a qualifying residential property is passed to direct descendants (children, grandchildren, or step-children). Not available for nephews, nieces, siblings, or friends. Transferable between spouses, giving a couple up to £350,000. The RNRB tapers by £1 for every £2 the estate exceeds £2,000,000 in value.
  • Combined maximum for a married couple: Up to £1,000,000 (£650,000 NRB + £350,000 RNRB) — but only if all conditions are met.
  • Assets left to a spouse or civil partner are exempt from IHT (the spouse exemption). Charitable legacies can reduce the IHT rate from 40% to 36% if 10% or more of the net estate is left to charity.

Trusts can play a significant role in IHT planning. For example, transferring property into an irrevocable discretionary trust can potentially start the 7-year clock for IHT purposes (where the transfer qualifies). Mike Pugh’s Gifted Property Trust is specifically designed to remove 50% or more of the home’s value from the taxable estate while avoiding the Gift with Reservation of Benefit (GROB) rules. His Family Home Protection Trust (Plus) protects the home from care fees while retaining entitlement to the RNRB — something many poorly drafted trusts fail to achieve.

It’s important to understand that trusts are tax-efficient planning tools, not tax avoidance schemes. Discretionary trusts are subject to the relevant property regime: an entry charge of 20% on any value above the available NRB (which is zero for most family homes), a periodic 10-year charge of up to 6% of trust assets above the NRB, and proportional exit charges. For a typical family home within the NRB, these charges are often nil or negligible.

Capital Gains Tax Issues

Capital gains tax (CGT) is another important consideration. Transferring your main residence into a trust normally does not trigger a CGT charge, because principal private residence relief (PPR) applies at the point of transfer. Additionally, holdover relief is available when certain assets are transferred into or out of qualifying trusts, meaning no immediate CGT is payable.

Trusts themselves pay CGT at 24% on residential property gains and 20% on other assets. The annual exempt amount for trusts is currently half the individual level. The tax treatment of trusts can be complex — trustees must file an SA900 trust tax return annually if the trust has income or gains — so specialist advice is essential.

In summary, understanding the tax implications of both wills and trusts is vital for effective inheritance tax planning. With the right structure in place, you can significantly reduce the IHT exposure on your estate while protecting your assets for future generations.

Who Should Consider a Will?

A will is the essential foundation of any estate plan — every adult over 18 should have one. Without a will, your estate is distributed according to the intestacy rules, which may not reflect your wishes at all. For example, under intestacy, unmarried partners receive nothing, and the division between a surviving spouse and children follows a rigid statutory formula.

Young Families

For young families, a will is particularly important because it’s the only way to appoint guardians for your minor children. If both parents die without naming guardians, the court decides who raises your children — and that decision may not align with your wishes. A will also lets you specify how and when your children should inherit, rather than them receiving everything outright at 18 under the intestacy rules.

Having a will in place provides genuine peace of mind, knowing that your children will be cared for by the people you trust most.

Individuals with Specific Wishes

Individuals with specific wishes regarding the distribution of their assets also benefit greatly from having a will. A will enables you to:

  • Specify exactly who receives which assets — including sentimental items
  • Appoint executors you trust to administer your estate
  • Include funeral wishes and other personal instructions
  • Make charitable gifts that could reduce your estate’s IHT rate to 36%
  • Exclude certain people from inheriting (subject to potential claims under the Inheritance (Provision for Family and Dependants) Act 1975)

By having a will, you ensure that your estate is managed and distributed according to your specific wishes, providing clarity and reducing potential conflicts among your loved ones. However, remember that a will alone cannot protect your assets from care fees, IHT, or sideways disinheritance — for that, you need a trust.

For more information on the differences between types of wills, such as single wills and mirror wills, you can visit https://mpestateplanning.uk/single-will-vs-mirror-will/.

Who Should Consider a Trust?

One of the biggest misconceptions in estate planning is that trusts are only for the wealthy. In truth, trusts are particularly beneficial for any family that owns property — and with the average home in England now worth around £290,000, that includes millions of ordinary homeowners. As Mike Pugh puts it: “Trusts are not just for the rich — they’re for the smart.”

Trusts offer a range of benefits that can be tailored to specific family circumstances. Here are the groups who should seriously consider establishing a trust:

Homeowners and Property Owners

If you own your home — even if it’s your only significant asset — a trust can protect it from multiple threats that a will simply cannot address:

  • Care fee protection: With residential care costing £1,100-£1,300 per week and nursing care £1,400-£1,500 per week (more in London and the South), between 40,000 and 70,000 homes are sold annually to fund care in the UK. If your assets exceed £23,250, you’re a self-funder. Placing your home in a discretionary trust — well in advance of any care need — can help protect it from being assessed as your capital.
  • Sideways disinheritance: If your spouse remarries after your death, your share of the home could pass to their new partner’s family. A trust prevents this.
  • Divorce protection: If a child inherits your home outright and then divorces, the property could form part of the divorce settlement. Discretionary trust assets are far harder to claim — as Mike puts it: “What house? I don’t own a house.”
  • IHT reduction: Depending on the trust type, you may be able to reduce your taxable estate, potentially saving your family up to 40% on the value above the nil rate band.

Those with Special Needs Beneficiaries

For families with special needs beneficiaries, a discretionary trust is particularly valuable. It allows trustees to provide financial support without jeopardising the beneficiary’s entitlement to means-tested state benefits — including local authority care funding and disability benefits. If assets were inherited outright, they could push the beneficiary over the capital threshold and result in the loss of vital support.

Key benefits include:

  1. Ensuring that the special needs beneficiary receives financial support without affecting their entitlement to state benefits
  2. Providing a structured, long-term approach to managing the beneficiary’s inheritance (a discretionary trust can last up to 125 years)
  3. Allowing professional or family trustees to manage assets prudently on the beneficiary’s behalf

When you compare the cost of setting up a trust — from £850 for a straightforward trust — to the potential cost of care fees (which can deplete an entire estate in just a few years), it’s one of the most cost-effective forms of protection available. A trust costs the equivalent of roughly 1-2 weeks of residential care — a one-time fee versus ongoing costs that continue until death or depletion of assets to £14,250.

Common Misconceptions About Wills and Trusts

The world of estate planning is often clouded by myths and misunderstandings about wills and trusts. Many of these come from American sources — US trust law is fundamentally different from English and Welsh trust law, and advice that applies in the US can be actively harmful if followed in the UK. Let’s set the record straight.

Myths About Wills

One common myth is that a will is all you need. While a will is essential, it provides no protection during your lifetime — it only takes effect on death. A will cannot protect your home from care fees, cannot shield your beneficiaries from divorce, and cannot reduce your IHT liability beyond basic exemptions. A will is the foundation, but it’s not the whole building.

Another misconception is that wills are only necessary for the elderly or the wealthy. In reality, every adult over 18 should have a will. Without one, your estate is distributed under the intestacy rules — which means unmarried partners inherit nothing, and the court decides who raises your children.

Some people also believe that a will is completely private. It isn’t. Once a Grant of Probate is issued, the will becomes a public document. Anyone can obtain a copy for a small fee from the Probate Registry.

Misunderstandings About Trusts

The most damaging myth about trusts is that they’re only for the rich. England invented trust law over 800 years ago, and trusts have always been used by ordinary families to protect their assets. With the average home in England worth around £290,000 and the IHT nil rate band frozen at £325,000, a trust is more relevant to the average homeowner today than at any point in recent history.

Another common misunderstanding is that transferring your home into a trust means you lose control. In fact, the settlor is usually appointed as one of the trustees, meaning you retain day-to-day involvement in all trust decisions. You continue to live in the property — the difference is that the legal ownership now sits with the trustees, providing protection.

Some people believe trusts are too expensive. When you compare the cost — from £850 for a straightforward trust — to the potential costs it protects against (40% IHT on your estate, care fees of £1,200+ per week, or losing half your assets in a child’s divorce), the value becomes clear. As Mike Pugh says: “Keeping families wealthy strengthens the country as a whole.”

Finally, there’s a myth that trusts can be used to “hide” assets or “avoid” tax. They cannot. Trusts are lawful, tax-efficient planning tools — they must be registered with HMRC via the Trust Registration Service, and trustees must file annual tax returns. The law — like medicine — is broad. You wouldn’t want your GP doing surgery. Trust planning requires a specialist.

Maintaining and Updating Your Will or Trust

An estate plan is not something you create once and forget about. Your will and trust should be reviewed regularly to ensure they still reflect your wishes, your family circumstances, and the current legal and tax landscape. Legislation changes, property values shift, and families grow — your estate plan needs to keep pace.

Importance of Regular Reviews

Just as our lives evolve, so too should our estate plans. Regular reviews help identify necessary adjustments — for example, the IHT nil rate band has been frozen since 2009, while property values have risen significantly. What was once a safely below-threshold estate may now face a substantial IHT bill. Similarly, changes to pension IHT rules from April 2027 could significantly affect your planning.

A will or trust is not a static document — it’s a living part of your financial planning that needs periodic review to remain effective. Plan, don’t panic.

Circumstances Requiring Updates

Several life events should prompt a review of your will or trust. These include:

  • Marriage, remarriage, or divorce (note: marriage automatically revokes a will in England and Wales unless the will was made in contemplation of that marriage)
  • Births, adoptions, or the death of a beneficiary or trustee
  • Significant changes in the value of your assets — particularly property
  • A change in your health or the health of a beneficiary
  • Changes in tax law — such as the upcoming inclusion of pensions in IHT from April 2027, or the capping of Business Property Relief from April 2026

For instance, if you’ve recently remarried without updating your estate plan, your previous will may have been automatically revoked — leaving your estate to be distributed under the intestacy rules, which could mean your children from a previous relationship inherit far less than you intended. You can find more information on whether you need to update your estate plan on our dedicated page: Do I need to update my estate plan in the UK?

By keeping your will and trust up-to-date, you ensure that your estate is distributed according to your current wishes, providing genuine peace of mind for you and your family.

Choosing the Right Option for Your Family

Choosing between a will and a trust — or, more accurately, deciding which combination of both is right for you — depends on your individual circumstances, your assets, and what you’re trying to protect against. For most families who own property, the answer is both: a will to catch everything outside the trust and appoint guardians, and a lifetime trust to provide genuine protection for your most valuable assets.

Assessing Your Needs

To make an informed decision, start by assessing the key threats to your estate. Consider: Do you own property? Could your estate be liable for IHT (remember, the threshold is just £325,000 per person)? Are you concerned about care fees eroding your children’s inheritance? Could sideways disinheritance or a beneficiary’s divorce put your assets at risk? MP Estate Planning’s proprietary Estate Pro AI software conducts a 13-point threat analysis to identify exactly where your estate is vulnerable.

Professional Guidance

Estate planning — particularly trust planning — requires specialist expertise. As Mike Pugh puts it: “The law — like medicine — is broad. You wouldn’t want your GP doing surgery.” A general solicitor may be able to draft a will, but trust planning requires a specialist who understands the interplay between IHT, care fee rules, the GROB rules, and the relevant property regime.

At MP Estate Planning, we offer straightforward trusts from £850, and Mike is the first and only company in the UK that actively publishes all prices on YouTube. There are no hidden fees and no surprises. Whether you need a Family Home Protection Trust, a Gifted Property Trust, or a Life Insurance Trust (which is typically free to set up), we’ll guide you through the entire process — from the initial 13-point threat analysis to Trust Registration Service compliance.

Your family’s financial security is too important to leave to chance. Plan, don’t panic — and get the right advice.

FAQ

What is the main difference between a will and a trust?

A will only takes effect after your death and must go through probate — during which time your assets are frozen and the will becomes a public document. A lifetime trust takes effect immediately when created, bypasses probate entirely, remains private, and can protect assets from care fees, IHT, divorce, and sideways disinheritance during your lifetime and beyond.

Do I need to go through probate if I have a trust?

Assets held within a trust bypass probate entirely — trustees can act immediately on the settlor’s death with no frozen assets and no court involvement. However, any assets you own personally that are not in the trust will still need to go through probate, which is why most people also have a will alongside their trust.

What are the benefits of having a will?

A will is the essential foundation of any estate plan. It ensures your assets are distributed according to your wishes rather than the intestacy rules, allows you to appoint executors and guardians for minor children, and can include charitable gifts that may reduce your IHT rate. However, a will alone cannot protect assets from care fees, IHT, or family disputes — for that, you need a trust.

How can a trust protect my privacy?

Trust assets bypass probate, so the trust deed never becomes a public document. While all UK express trusts must be registered on the Trust Registration Service (TRS), this register is not publicly accessible — unlike a will, which becomes a public record once a Grant of Probate is issued. Your assets, beneficiaries, and trust terms remain entirely confidential.

What happens if I don’t update my will or trust?

Failing to update your will or trust can lead to serious unintended consequences. For example, marriage automatically revokes a will in England and Wales (unless it was made in contemplation of that marriage), which could leave your estate to be distributed under the intestacy rules. Changes in tax law, property values, or family circumstances can also mean your estate plan no longer achieves what you intended. Regular reviews — at least every 3-5 years or after any major life event — are essential.

Who should consider establishing a trust?

Any family that owns property should seriously consider a trust. With the average home in England worth around £290,000 and care fees running at £1,200+ per week, a trust is not just for the wealthy — it’s for anyone who wants to protect their family home. Trusts are also essential for families with special needs beneficiaries (to protect state benefit entitlement), blended families (to prevent sideways disinheritance), and anyone concerned about a beneficiary’s divorce. As Mike Pugh says: “Trusts are not just for the rich — they’re for the smart.”

How do I choose between a will and a trust?

For most families who own property, the answer is both. A will is essential as the foundation — it catches any assets outside the trust, appoints guardians for children, and names executors. A lifetime trust provides the heavy-duty protection for your most valuable assets. Start by assessing the threats to your estate — IHT exposure, care fee risk, divorce vulnerability, sideways disinheritance — and seek specialist advice to determine which trust structure is right for your circumstances.

What are the tax implications of wills and trusts?

Inheritance tax is charged at 40% on the taxable estate above the nil rate band (£325,000 per person, frozen until at least April 2031). A will alone offers limited IHT planning, while the right type of irrevocable trust can reduce your taxable estate. Discretionary trusts are subject to the relevant property regime — but for most family homes below the NRB, the entry charge, 10-year periodic charge, and exit charges are often nil or negligible. Trusts also have their own income tax rates (45% for non-dividend income) and CGT rates (24% for residential property). Specialist advice is essential to ensure your plan is tax-efficient.

Can I have both a will and a trust?

Yes — and in most cases, you should. The trust holds and protects your most valuable assets (typically your home), while the will deals with everything else: personal possessions, any assets outside the trust, appointment of guardians for children, and funeral wishes. The two instruments work together as a comprehensive estate plan.

How often should I review my will or trust?

We recommend reviewing your estate plan at least every 3-5 years, or immediately after any significant life event — such as marriage, divorce, the birth of a child or grandchild, a significant change in assets, a change in health, or changes in tax legislation (for example, the inclusion of pensions in IHT from April 2027). An outdated estate plan can be worse than no plan at all.

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Important Notice

The content on this website is provided for general information and educational purposes only.

It does not constitute legal, tax, or financial advice and should not be relied upon as such.

Every family’s circumstances are different.

Before making any decisions about your estate planning, you should seek professional advice tailored to your specific situation.

MP Estate Planning UK is not a law firm. Trusts are not regulated by the Financial Conduct Authority.

MP Estate Planning UK does not provide regulated financial advice.

We work in conjunction with regulated providers. When required we will introduce Chartered Tax Advisors, Financial Advisors or Solicitors.

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