When a Trust Makes More Sense Than a Will for UK Families

Last reviewed: 24 May 2026 by the MP Estate Planning editorial team. Jurisdiction: England and Wales. Scotland and Northern Ireland have different probate and intestacy rules; the IHT thresholds are UK-wide.

Estate planning is a crucial step in securing your family’s future. When it comes to managing your assets both during your lifetime and after death, UK families often find themselves weighing up the merits of a Will versus a Trust. While both are vital tools, they serve different purposes and come with distinct advantages. Understanding how a lifetime trust compares to a Will is essential for protecting your loved ones and preserving family wealth.

As we explore the scenarios in which a Trust might be more beneficial than a Will, it’s important to consider the benefits of extended control over assets, privacy, and tax-efficient planning. For instance, a discretionary trust can hold a beneficiary’s inheritance until they reach a certain age — or even indefinitely — providing a level of ongoing control that simply isn’t possible with a Will alone. England invented trust law over 800 years ago, and today trusts remain one of the most powerful legal arrangements available for protecting family wealth.

Key Takeaways

• A Trust provides extended control over assets, enabling you to set conditions and give trustees discretion over when and how beneficiaries receive their inheritance.
• Assets held in trust bypass probate delays entirely — trustees can act immediately without waiting for a Grant of Probate, which currently takes 3–12 months or longer when property is involved.
• Trusts offer greater privacy because, unlike a Will (which becomes a public document once the Grant of Probate is issued), a trust deed remains private. The Trust Registration Service is not publicly accessible.
• Certain trusts — particularly irrevocable discretionary trusts — can be structured to reduce inheritance tax (IHT) liabilities, currently charged at 40% on estates above the nil rate band of £325,000.
• Discretionary trusts can protect assets from sideways disinheritance, divorce settlements, creditors, and local authority care fee assessments — because no individual beneficiary owns the trust assets.

Understanding the Basics: Trusts vs Wills

When it comes to estate planning, understanding the difference between a trust and a Will is crucial for UK families. Estate planning isn’t just about distributing assets after your passing — it’s about ensuring your wishes are respected, your loved ones are provided for, and your wealth isn’t eroded by inheritance tax, care fees, probate delays, or family disputes. Both trusts and Wills serve important roles in this process, but they operate in fundamentally different ways.

Definition of a Will

A Will is a legal document that sets out how you want your assets to be distributed after your death. It becomes effective only upon your passing and must go through a process known as probate — formally, obtaining a Grant of Probate from the Probate Registry. During this time, which typically takes 3–12 months (and often longer when property needs to be sold), all sole-name assets are frozen. Bank accounts cannot be accessed, properties cannot be sold, and beneficiaries must wait. Importantly, once the Grant of Probate is issued, your Will becomes a public document — anyone can obtain a copy for a small fee.

Definition of a Trust

A Trust is a legal arrangement in which assets are held and managed by trustees for the benefit of named beneficiaries. Unlike a company, a trust does not have its own legal personality — the trustees are the legal owners of the trust assets, and they manage them according to the terms set out in the trust deed. A lifetime trust takes effect immediately upon creation and can continue to manage assets both during the settlor’s lifetime and long after their death. Trusts are versatile and can be tailored to meet specific needs, such as providing for minor children, protecting assets from care fees, or preventing sideways disinheritance in blended families.

Key Differences Between Trusts and Wills

The primary differences between trusts and Wills lie in their purpose, functionality, and the timing of their effectiveness. While a Will is primarily concerned with distributing assets after death, a lifetime trust can protect and manage assets both during your lifetime and after. This fundamental difference impacts how assets are handled, the level of control you maintain, and whether your family has to navigate probate at all. Trust assets are managed by trustees, who can act immediately upon the settlor’s death — no waiting for the Probate Registry, no frozen accounts, no public scrutiny.

Understanding these differences is key to making informed decisions about your estate plan. In many cases, the most comprehensive approach uses both a Will and a trust working together — but for families with property, blended family situations, or concerns about care fees, a trust often does the heavy lifting when it comes to genuine asset protection.

Why Consider a Trust?

In the realm of estate planning, trusts have emerged as an essential tool alongside Wills, offering unique advantages for UK families. Navigating the complexities of estate planning can feel daunting, but with the right guidance, families can make informed decisions that protect their assets and secure their future. As Mike Pugh says, “Trusts are not just for the rich — they’re for the smart.”

There are several compelling reasons to consider a trust. Let’s explore the key benefits:

Bypassing Probate Delays

One of the most immediate advantages of a trust is that assets held within it bypass probate entirely. When someone dies, any assets held in their sole name are frozen until a Grant of Probate (or Letters of Administration if there is no Will) is obtained from the Probate Registry. This process currently takes 3–12 months for straightforward cases, and when property needs to be sold, the full process can stretch to 9–18 months. During this time, beneficiaries have no access to funds — they cannot pay the mortgage, cover funeral costs from the estate, or sell the family home.

• Immediate Access to Assets: Trustees can act on the day of the settlor’s death. There is no need to apply to the Probate Registry, no waiting period, and no asset freeze.
• Reduced Costs and Stress: By bypassing probate delays, families avoid the associated administrative costs, potential disputes, and the emotional strain of dealing with frozen assets during an already difficult time.

Managing Family Wealth

Trusts offer a sophisticated means of managing family wealth across generations, giving far more control than a Will ever can. With a discretionary trust, trustees have absolute discretion over when, how, and to whom distributions are made. This is particularly valuable for families with young beneficiaries who may not be ready to manage a large inheritance, or where there are concerns about a beneficiary’s spending habits, relationship stability, or vulnerability to external influence.

For more information on managing family wealth through trusts, you can visit our website at https://mpestateplanning.uk/.

Maintaining Privacy of Assets

Another significant advantage of trusts is privacy. When a Will goes through probate, it becomes a public document — anyone can apply to see it. This means the details of your estate, your beneficiaries, and how much they inherited are all on public record. A trust deed, by contrast, remains entirely private. The Trust Registration Service (TRS) — where all UK express trusts must be registered within 90 days of creation — is not publicly accessible, unlike Companies House. Your family’s financial affairs stay within the family.

By considering a trust, UK families can enjoy a range of benefits that strengthen their estate planning. Whether it’s bypassing probate delays, managing family wealth more effectively, or keeping your affairs private, trusts offer a flexible and secure arrangement for protecting everything you’ve worked hard to build.

Who Can Benefit from a Trust?

Families with property, complex dynamics, or specific concerns about their wealth may particularly benefit from establishing a trust. A trust can provide a tailored approach to estate planning, offering greater control and flexibility than a Will alone — and critically, protection that a Will simply cannot provide.

When considering estate planning, it’s essential to identify whether a trust is the right choice for your specific circumstances. At MP Estate Planning, we use our proprietary Estate Pro AI — a 13-point threat analysis — to assess each family’s unique situation and identify the specific risks to their wealth.

Parents with Young Children

For parents with young children, a discretionary trust can be invaluable. Without a trust, if both parents die, children could inherit outright at 18 — an age when many young people are not ready to manage significant wealth. By establishing a trust, parents can:

• Appoint guardians to care for their children (this should also be done in the Will)
• Ensure trustees manage the children’s inheritance until they reach an age the parents choose — 25, 30, or even older — rather than the default of 18
• Give trustees discretion to release funds for specific purposes like education, housing deposits, or living costs

This provides genuine peace of mind, knowing that your children’s inheritance is protected and managed responsibly until they’re truly ready for it.

Individuals with Complex Financial Situations

Individuals with multiple properties, business interests, or significant assets may benefit from the flexibility and protection that a trust offers. A trust can help in:

• Managing and distributing assets according to specific instructions, with trustees exercising discretion based on changing circumstances
• Legitimate inheritance tax planning — for example, using an irrevocable trust to remove assets from the estate. For transfers into discretionary trusts, these are chargeable lifetime transfers (CLTs), and if the value is within the settlor’s available nil rate band (£325,000), no entry charge arises
• Protecting assets from creditors, bankruptcy, and potential claims — since assets in a discretionary trust belong to the trust, not to any individual beneficiary

By setting up a trust, individuals can ensure that their estate is managed efficiently and protected from the threats that affect so many UK families.

Blended Families

For blended families, a trust is often essential to prevent what’s known as sideways disinheritance. Without a trust, if you leave everything to your spouse via a Will, and they later remarry, your children from your first marriage could lose their entire inheritance to the new spouse’s family. A trust can:

• Ensure that all children — both biological and step-children — are provided for according to your wishes
• Protect the surviving spouse’s right to live in the family home for their lifetime (through an interest in possession trust) while ensuring the property ultimately passes to your children
• Provide a clear, legally binding framework that prevents family disputes and ensures your wishes are respected

By using a trust, blended families can avoid the painful conflicts that so often arise after a bereavement and ensure that everyone is treated fairly.

Every family’s situation is unique, and trusts can be tailored to meet specific needs. Whether you’re a parent with young children, have a complex financial situation, or are part of a blended family, we can help you determine which type of trust is right for you — and build a plan that genuinely protects your family’s wealth.

The Financial Advantages of Trusts

For many families in the UK, establishing a trust can be a strategic move that delivers real financial advantages — from inheritance tax efficiency to asset protection against care fees and divorce. Trusts are versatile legal arrangements that can be tailored to meet specific needs, providing a robust solution for managing and protecting wealth across generations.

Tax-Efficient Planning with Trusts

One of the significant financial advantages of trusts is their potential to deliver tax-efficient outcomes. Inheritance tax (IHT) is charged at 40% on estates above the nil rate band of £325,000 per person (frozen since 2009 and confirmed frozen until at least April 2031). With the average home in England now worth around £290,000, more and more ordinary families are being caught by IHT. By placing assets into an irrevocable discretionary trust, you can begin the process of removing those assets from your estate. Transfers into discretionary trusts are classified as chargeable lifetime transfers (CLTs) rather than potentially exempt transfers — and the key advantage is that if the value transferred is within the settlor’s available nil rate band (£325,000), there is no entry charge at all. If the settlor survives seven years, the nil rate band used by that transfer is restored, creating further planning opportunities. For most family homes valued under £325,000, the initial cost to your estate is zero.

Asset Protection from Creditors

Trusts can also provide a powerful layer of asset protection. Once assets are transferred into a properly structured discretionary trust, no individual beneficiary has any legal right to the trust assets. This is the key protection mechanism: if a beneficiary faces bankruptcy, divorce proceedings, or creditor claims, the assets in the trust are not theirs to lose. When asked about the family home, a beneficiary of a discretionary trust can truthfully say — as Mike Pugh puts it — “What house? I don’t own a house.” The trustees own it, and the trustees decide what happens to it.

Reducing Inheritance Tax

Reducing inheritance tax is one of the most compelling financial reasons to consider a trust. Under the relevant property regime that governs discretionary trusts, the maximum 10-year periodic charge is 6% of the trust value above the nil rate band — and for most family homes valued under £325,000, this charge is zero. Exit charges are proportional to the last periodic charge, typically less than 1%. Compare this to IHT at 40% on everything above £325,000 if assets remain in your estate. Married couples can combine their nil rate bands (£650,000) and residence nil rate bands (£350,000) for a maximum combined threshold of £1,000,000 — but the residence nil rate band is only available when a qualifying residential interest passes to direct descendants such as children, grandchildren, or step-children. It is not available for nephews, nieces, siblings, or friends. The RNRB also tapers away by £1 for every £2 that the estate exceeds £2,000,000. Strategic use of trusts alongside these reliefs can significantly reduce the IHT burden on your family.

Trusts offer a range of financial advantages that can make a real difference for UK families. From tax-efficient planning and asset protection to reducing inheritance tax liabilities, trusts provide a flexible and effective arrangement for managing and protecting family wealth. Not losing the family money provides the greatest peace of mind above all else.

Types of Trusts Available in the UK

The UK legal system provides a range of trust types, each designed to address different family and financial situations. Understanding the various types of trusts is crucial for selecting the one that best suits your needs. In English and Welsh law, trusts are primarily classified by when they take effect (lifetime trust vs will trust) and how they operate (discretionary, bare, or interest in possession).

Discretionary Trusts

A discretionary trust is the most commonly used type of trust in UK estate planning, and for good reason. Trustees have absolute discretion over how, when, and to whom the trust’s assets are distributed among the named beneficiaries. No individual beneficiary has any legal right to the trust assets — and this is precisely what provides the protection. Discretionary trusts can last up to 125 years, giving multi-generational flexibility.

The key benefits of discretionary trusts include:

1. Maximum flexibility — trustees can respond to changing circumstances, such as a beneficiary’s divorce, financial difficulty, or care needs.
2. Asset protection — because no beneficiary owns the assets, they cannot be claimed in divorce proceedings, by creditors, or by a local authority assessing care fees.
3. IHT planning — irrevocable discretionary trusts remove assets from the settlor’s estate. Transfers into these trusts are chargeable lifetime transfers (CLTs), and where the value falls within the nil rate band, there is no entry charge.
4. Protection of assets from creditors and external claims.

Lifetime Trusts vs Will Trusts

A lifetime trust is created during the settlor’s lifetime and takes effect immediately. This is the type of trust used by families wanting to protect their home and other assets while they’re still alive. A will trust, by contrast, is written into a Will and only comes into existence upon the testator’s death. Will trusts can be useful — particularly interest in possession trusts for blended families — but they do not provide the same level of protection as a lifetime trust because the assets remain in the estate until death and must go through probate before the trust is funded.

An important feature within lifetime trusts is whether the trust is revocable or irrevocable. However, this is not the primary way trusts are classified under English law — the primary classification is always by when the trust takes effect and how it operates. A revocable trust can be changed or terminated by the settlor, but it provides no IHT benefit — HMRC treats the assets as still belonging to the settlor (a settlor-interested trust). An irrevocable trust cannot be revoked, which is what gives it its protective power for both IHT and asset protection purposes. Mike Pugh’s family trusts use irrevocable structures with “Standard and Overriding powers” — these give trustees defined flexibility without making the trust revocable.

Life Insurance Trusts

A life insurance trust is used to hold a life insurance policy so that the payout goes directly to the trust rather than into the deceased’s estate. Without a trust, a life insurance payout forms part of your estate and could face a 40% IHT charge. By writing the policy into trust, the full payout goes directly to your beneficiaries — free of IHT, without probate delays, and often within days of the claim being approved.

Key advantages of life insurance trusts include:

• The payout is not included in the estate for IHT purposes — potentially saving 40% on the entire sum.
• Beneficiaries receive the money quickly, bypassing probate entirely.
• Setting up a life insurance trust is typically free — it costs nothing and could save your family tens of thousands of pounds.

By understanding the different types of trusts available, UK families can make informed decisions about their estate planning. The right trust structure depends on your specific circumstances — and getting specialist advice is essential. As Mike says, “The law — like medicine — is broad. You wouldn’t want your GP doing surgery.”

How Trusts Can Provide for Minor Children

When it comes to providing for minor children, trusts offer a level of flexibility and security that a Will alone cannot match. By establishing a trust, parents can ensure that their children are financially protected, that their education is funded, and that their specific needs are met — even if both parents are no longer alive. Without a trust, children could inherit everything outright at 18, an age when many young people are simply not ready to manage a significant sum of money responsibly.

Guardianship and Financial Management

While a Will is the correct place to appoint guardians for your children, a trust is where you control the money. Appointing guardians ensures someone you trust will care for your children, but a discretionary trust ensures that the inheritance is managed by your chosen trustees — who may or may not be the same people as the guardians. This separation of roles is a deliberate safeguard, ensuring that no single person has both care of the children and unrestricted access to their money.

Trustees can be guided through a letter of wishes (a non-binding but influential guidance document) to distribute funds for specific purposes such as education, housing, or healthcare. The trust deed itself sets the legal framework, while the letter of wishes provides the personal context that helps trustees make the right decisions.

Educational Trusts

A discretionary trust can be structured with education as a primary purpose, allowing trustees to fund schooling, university, and other educational costs. By setting aside assets in trust specifically for education, parents can ensure that their children receive the opportunities they deserve — regardless of what happens to the rest of the estate.

Here’s an example of how trustees might distribute funds for educational purposes:

Providing for Special Needs

Trusts are particularly valuable for families with a disabled child or a child with special needs. A discretionary trust ensures that the child receives the necessary care and financial support throughout their life, without jeopardising their entitlement to means-tested state benefits. Because trustees have discretion over distributions, they can supplement the child’s needs without the funds being counted as the child’s own capital for benefits assessments. This is a critical distinction — a bare trust or outright gift could disqualify the child from essential support, because a beneficiary of a bare trust has an absolute right to the trust assets once they reach 18, and the local authority would count those assets as belonging to the beneficiary.

Every family’s situation is unique, and trusts can be tailored to meet specific needs. Whether it’s managing finances responsibly, funding education, or providing lifelong support for a child with special needs, trusts offer a versatile and powerful solution for securing a minor child’s future.

The Role of Executors and Trustees

Executors and trustees play pivotal roles in managing your estate, but their responsibilities differ significantly. Understanding these differences is crucial for effective estate planning — and for choosing the right people for each role.

Duties of an Executor in a Will

An executor is responsible for carrying out the instructions in a Will after the testator’s death. Their duties include:

• Applying for a Grant of Probate from the Probate Registry — the legal authority to deal with the estate
• Identifying, valuing, and gathering the estate’s assets
• Paying off debts, funeral expenses, and any inheritance tax due — IHT must often be paid before the Grant is issued
• Distributing the remaining assets to beneficiaries according to the Will

The executor’s role is temporary — it ends once the estate is fully administered and distributed. However, this process can take 3–12 months or longer, during which the executor carries significant legal and financial responsibility. If the estate includes property, businesses, or overseas assets, the role becomes considerably more complex.

Responsibilities of a Trustee

A trustee, on the other hand, has an ongoing responsibility to manage assets held in a trust. Their duties include:

• Managing trust assets in accordance with the trust deed and any letter of wishes from the settlor
• Making distributions to beneficiaries at their discretion (in a discretionary trust) or as specified in the trust deed
• Ensuring compliance with legal requirements, including registering the trust on the Trust Registration Service within 90 days of creation and filing annual trust tax returns (SA900) with HMRC where required
• Acting in the best interests of the beneficiaries at all times — this is a fiduciary duty

Trustees have a fiduciary duty, meaning they must act with utmost good faith and loyalty to the beneficiaries. A minimum of two trustees is required, and the settlor can be one of the trustees — which means you can remain involved in decisions about your assets even after transferring them into trust. Land Registry allows up to four trustees on a property title.

Differences in Legal Obligations

Executors and trustees have fundamentally different legal obligations. An executor’s role is to wind up the estate — it’s a finite administrative task. A trustee’s role is ongoing management and stewardship of the trust assets — it can last for the full duration of the trust, up to 125 years. Trustees must also ensure there is a clear process for appointing successor trustees should any trustee die, become incapable, or wish to resign.

The distinction between executors and trustees isn’t just a matter of terminology — it has significant legal and practical implications. Choosing the right people for each role is one of the most important decisions in your estate plan. Executors need to be capable administrators; trustees need to be people you trust to manage your family’s wealth for years or even decades to come.

Common Misconceptions About Trusts

Many people harbour misconceptions about trusts that prevent them from taking steps that could genuinely protect their family. Let’s address the most common myths head-on.

Cost and Complexity

One of the most prevalent misconceptions is that setting up a trust is prohibitively expensive. In reality, a straightforward family trust can be set up from around £850, with most trusts costing between £850 and £2,000 depending on complexity. Mike Pugh is the first and only company in the UK that actively publishes all prices on YouTube — there are no hidden costs.

When you compare the one-off cost of a trust to the potential costs it protects against, the value becomes clear. Residential care currently costs between £1,100 and £1,500 per week — meaning a trust costs roughly the same as one to two weeks of care. Without protection, a family home can be depleted to just £14,250 before the local authority begins to contribute. IHT at 40% on a home worth around £290,000, where the estate exceeds the nil rate band, could cost your family tens of thousands of pounds.

Key Costs to Consider:

• One-off trust setup fee — from £850 for straightforward arrangements
• Trust registration on the Trust Registration Service — included in the setup process
• Ongoing costs are minimal for most family trusts — annual tax returns are only needed if the trust generates income or gains

Length of Set-Up Process

Another misconception is that establishing a trust takes months. With a specialist provider, many trusts can be set up in a matter of weeks. The key steps are straightforward: an initial consultation to assess your situation, drafting the trust deed, transferring assets (for property, this involves a TR1 form at the Land Registry or a Declaration of Trust if there’s a mortgage), and registering the trust on the Trust Registration Service within 90 days.

Trusts Are Just for Wealthy Families

This is perhaps the biggest myth of all — and it’s one that costs ordinary families dearly. With the IHT nil rate band frozen at £325,000 since 2009, and the average home in England now worth around £290,000, homeownership alone can push a family into IHT territory. Add a modest pension (which from April 2027 will be included in the estate for IHT purposes), savings, and life insurance, and many “ordinary” families face a significant IHT bill.

Beyond IHT, trusts protect against care fees (between 40,000 and 70,000 homes are sold each year to fund care in the UK), divorce (the UK divorce rate is around 42%), and sideways disinheritance. These are not risks that only affect the wealthy. Trusts are not just for the rich — they’re for the smart. If you own a home in England or Wales, you have an asset worth protecting.

Transitioning from a Will to a Trust

For many UK families, adding a trust alongside their Will can be a transformative step in their estate planning. A Will remains important — it deals with any assets not held in trust, appoints guardians for children, and names executors — but a trust does the real work of protecting your most valuable assets. Here’s how to make the transition.

Evaluating Your Current Estate Plan

Before establishing a trust, it’s crucial to evaluate your current estate plan honestly. Ask yourself: if I died tomorrow, what happens to my home? How long would my family wait to access funds? Could my assets be claimed by a care home, a divorcing spouse, or HMRC? Consider the following factors:

• The value of your home — is it approaching or above the £325,000 nil rate band?
• Your family structure — are there children from a previous relationship who could be disinherited?
• Your age and health — the sooner you plan, the stronger the protection (especially for the 7-year rule and care fee planning, where you must act years in advance before any foreseeable need arises)
• Whether your current Will actually protects assets or simply distributes them

Steps to Establish a Trust

Establishing a trust involves several key steps, each of which should be handled by a specialist in trust law — not a general-practice solicitor. As Mike says, “The law — like medicine — is broad. You wouldn’t want your GP doing surgery.”

When to Seek Professional Help

Trust law is a specialist area, and getting it right matters. A poorly drafted trust can fail to provide the intended protection, create unintended tax consequences, or be challenged by HMRC or a local authority. Specialist advice is recommended in virtually all cases, particularly if:

• You own property — the transfer process must be done correctly to protect both legal and beneficial ownership
• You have a blended family — the trust structure must address the competing interests of your spouse and your children
• You’re concerned about care fees — the trust must be established years in advance and with documented legitimate reasons unrelated to care fee avoidance. There is no fixed time limit for deprivation of assets (unlike the 7-year IHT rule) — a local authority can look back indefinitely, but the longer the gap between setting up the trust and any care need arising, the harder it is to argue the trust was created to avoid care costs
• You want to ensure the trust is IHT-efficient — a revocable or settlor-interested trust provides no IHT benefit whatsoever

By getting the right specialist advice and planning ahead, you can ensure a smooth transition that genuinely secures your family’s financial future. Plan, don’t panic.

Real-Life Scenarios: Trusts in Action

From protecting family assets to facilitating business succession, trusts play a crucial role in many real-life scenarios faced by UK families. Here’s how trusts work in practice.

Case Study: Protecting Family Assets

One of the primary uses of trusts is to protect family assets from the three major threats: care fees, divorce, and inheritance tax. Consider a couple in their early 60s who own a home worth £300,000 outright. Without a trust, if one spouse needs residential care (averaging £1,200–£1,500 per week), the local authority will assess the home’s value once the healthy spouse is no longer living there — and the home could be sold to fund care until the estate is reduced to just £14,250. By placing their home into a Family Home Protection Trust years before any care need arises, the property is held by trustees, not by the couple personally. At MP Estate Planning, we document nine legitimate reasons for establishing the trust — none of which mention care fees — making a deprivation of assets challenge far more difficult for the local authority to sustain. Care fee protection is an ancillary benefit, not the primary purpose.

Similarly, if an adult child who is a beneficiary goes through a divorce (the UK divorce rate is around 42%), the family home held in a discretionary trust is not considered part of that child’s assets. The child can truthfully say: “What house? I don’t own a house.” The trustees do.

Example: A Trust for Philanthropic Goals

Trusts can also be used to achieve philanthropic goals. By establishing a charitable trust, individuals can support causes they care about while benefiting from tax relief. Charitable trusts are exempt from IHT, and donations to charity from your estate can reduce the IHT rate on the rest of the estate from 40% to 36% (provided at least 10% of the net estate is left to charity). This means supporting your chosen cause can simultaneously reduce the tax bill on what your family inherits — a genuine win-win.

How Trusts Assist in Business Succession

Trusts are invaluable in business succession planning. A business owner can transfer shares into a discretionary trust, ensuring that the business continues to be managed effectively while providing financial benefits to family members. This can avoid the disruption that often follows a death when business assets must pass through probate. Business Property Relief (BPR) — which currently provides 100% IHT relief on qualifying business property (with changes from April 2026 introducing a cap at 100% relief for the first £1 million of combined qualifying business and agricultural property, and 50% relief on the excess) — can be used in conjunction with trust planning to create a comprehensive succession strategy. The trust ensures continuity, protects the business from individual beneficiaries’ financial difficulties, and provides a clear framework for management transition.

For more information on how trusts can be used, you can visit our page on what is a one-family trust fund.

Legal Considerations and Regulations

Understanding the legal framework governing trusts is essential for UK families seeking to protect their assets. Getting this right from the outset ensures your trust achieves what it’s designed to do — and that it stands up to scrutiny from HMRC, local authorities, or anyone else who might challenge it.

Role of Professional Bodies

The Solicitors Regulation Authority (SRA) and professional bodies such as the Society of Trust and Estate Practitioners (STEP) play important roles in maintaining standards within trust and estate planning. Working with a provider who specialises in trusts — rather than a general-practice solicitor who handles trusts occasionally — is critical. Estate planning is a specialist area, and the consequences of getting it wrong can be severe: failed IHT planning, trusts that don’t protect against care fees, or structures that can be challenged and set aside.

Key Legislation

Several key pieces of UK legislation govern trusts in England and Wales. The Trustee Act 2000 sets out the duties and powers of trustees. The Perpetuities and Accumulations Act 2009 allows trusts to last up to 125 years. The Inheritance Tax Act 1984 governs how trusts are taxed, including the relevant property regime for discretionary trusts. All UK express trusts — including bare trusts — must be registered on the Trust Registration Service within 90 days of creation, in compliance with the Fifth Money Laundering Directive. For more information on funding a trust, visit MP Estate Planning.

Importance of Compliance

Compliance with legal requirements is vital to ensure the trust operates as intended and cannot be challenged. This includes proper registration, timely filing of trust tax returns (SA900) with HMRC where required, and ensuring that the trust deed is correctly drafted and executed. At MP Estate Planning, we handle the compliance requirements as part of the trust setup process, ensuring everything is done correctly from day one. Keeping families wealthy strengthens the country as a whole — and proper compliance is the foundation on which that protection is built.

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The Disadvantages of a Trust — and What You Cannot Place Inside One

Trusts offer genuine planning advantages for many UK families, but they are not the right solution for everyone. In our experience, the families who benefit most are those who have gone into the arrangement with a clear understanding of the ongoing obligations and limitations involved. A trust that is poorly structured, or chosen for the wrong reasons, can create complexity and cost rather than removing it.

Ongoing Costs and Administrative Obligations

Unlike a will, which typically incurs a one-off drafting cost and then sits dormant until death, a trust is a living legal structure that requires active management. Trustees are generally required to maintain accurate accounts, file trust tax returns with HMRC where income or gains arise, and make distribution decisions in accordance with the trust deed. Professional trustee fees, accountancy costs, and periodic legal reviews can, in many cases, amount to several hundred pounds per year. Over a 10- or 20-year horizon, these costs may reduce the financial benefit of the arrangement, particularly for smaller estates. HMRC’s guidance on the ongoing tax compliance obligations of trustees is set out in HMRC’s Trusts and Taxes overview.

Inflexibility Once Established

Once assets are transferred into most forms of trust, that transfer is typically irrevocable. The settlor — the person who created the trust — generally cannot simply reclaim the assets if their circumstances change. Discretionary trusts in particular may feel restrictive if the family’s needs shift significantly after the trust is established. Amending the terms of a trust, or winding it up early, may require the consent of all beneficiaries, a court order, or both, depending on the structure. This inflexibility is one of the primary reasons we encourage families to take regulated legal advice before proceeding.

Tax Charges That Are Often Overlooked

Trusts are not automatically tax-efficient. Assets transferred into a discretionary trust above the available nil-rate band — currently £325,000 — may attract an immediate 20% inheritance tax entry charge. Beyond that, discretionary trusts are subject to a 6% periodic charge every 10 years on the value of the trust fund that exceeds the nil-rate band. These charges can erode value over time and must be factored into any planning decision. Our team would always recommend discussing these implications with a regulated solicitor or tax adviser before settling assets into trust.

Assets That Cannot Be Placed in a Trust

Not every asset can be transferred into a trust in the UK. Stocks and Shares ISAs and Cash ISAs lose their tax-advantaged wrapper the moment they are assigned to a trust — the ISA ceases to exist as such, and the favourable tax treatment is lost. Pension funds do not ordinarily form part of your estate and generally cannot be placed into a trust directly; pension trustees retain discretion over death benefits under their own scheme rules, though expression of wishes forms remain important. Property held as beneficial joint tenants passes automatically to the surviving co-owner by right of survivorship and cannot be redirected through a trust or will without first severing the joint tenancy and converting to tenants in common. Understanding which of your assets are actually available for trust planning is an essential first step before any structure is considered.

Common Questions About Trusts and Wills in the UK

What are the disadvantages of a trust in the UK?

The main disadvantages typically include the cost of setting up and administering the trust, the irrevocable nature of most transfers into trust, and the potential for unexpected tax charges. As noted above, discretionary trusts may attract a 20% entry charge on transfers above £325,000 and a 6% periodic charge every 10 years. Trustees also carry personal legal obligations that should not be entered into lightly. In our experience, these drawbacks are manageable when the trust is properly structured and regularly reviewed, but they are real and should never be understated.

What are the disadvantages of a trust over a will?

A will is generally simpler, cheaper to draft, and easier to update if your circumstances change. A trust, by contrast, is more complex to establish, incurs ongoing administration costs, and may be difficult or expensive to unwind once in place. That said, a will must pass through probate before your estate can be distributed — a process that in England and Wales currently takes an average of 9 to 12 months and can exceed 18 months in more complex estates. Assets held in trust generally fall outside the probate process entirely, which can represent a significant practical advantage for beneficiaries who need timely access to funds.

What assets cannot be placed in a trust?

ISAs cannot be transferred into trust without losing their tax-exempt status. Pension assets are generally outside your direct control and cannot typically be assigned to a trust, though nominations and expressions of wish remain important planning tools. Property held as beneficial joint tenants passes by survivorship rather than through your estate, meaning it cannot be directed by trust or will without first severing the tenancy. Certain business assets and foreign-situated property may also carry their own restrictions. Our team recommends a full asset review before any trust structure is finalised.

Is it worth putting your house in trust in the UK?

This is one of the most common questions we encounter, and the honest answer is: it depends. Placing your home into trust during your lifetime may help it fall outside your estate for inheritance tax purposes — potentially shielding value from the 40% IHT rate — but only if you survive the transfer by seven years and do not continue to benefit from the property. If you remain living in the property, it is likely to be treated as a gift with reservation of benefit under HMRC’s reservation of benefit rules (IHTM04071), meaning it would remain in your estate for IHT purposes regardless. Capital Gains Tax and Stamp Duty Land Tax implications must also be carefully assessed — a transfer into trust can, in some circumstances, trigger a CGT disposal or an SDLT charge. In our experience, putting the family home in trust is rarely straightforward and generally requires bespoke regulated legal and tax advice.

Is it better to have a will or a trust in the UK?

For most people, a will remains the essential foundation of estate planning. It is legally required to direct assets that fall within your estate, appoint guardians for minor children, and name executors. A trust is best understood as a complementary tool rather than a replacement — one that may be layered on top of a will to address specific goals such as protecting a vulnerable beneficiary, managing wealth across generations, or mitigating probate delays. The residence nil-rate band of up to £175,000, available where a home passes to direct descendants, can in some cases be preserved more effectively through a will trust than through an outright gift. The right answer will depend on the size and composition of your estate, your family circumstances, and your long-term intentions — all of which our team can help you think through before you take formal regulated advice.