Trusts
Protect what you’ve built for the
people who matter most.
A Trust doesn’t belong to the wealthy elite. Under English and Welsh law, a properly drafted Trust is one of the most powerful tools available to ordinary families — protecting property from care fees, divorce, and sideways disinheritance.
Two Scenarios. One Decision.
What happens to your property
without a Trust in place?
The difference between a family that planned and one that didn’t is rarely dramatic in the short term — it shows up years later, when it’s too late to act.
Without a Trust
1
First spouse passes away
The full estate passes outright to the surviving spouse. No Trust is in place to protect the first spouse’s share.
2
Surviving spouse enters care
Local authority assesses the full property value. Care costs are charged against the family home.
3
Surviving spouse remarries
Their existing Will is automatically revoked under the Wills Act 1837. Children from the first marriage are not protected.
4
New spouse inherits everything
The entire estate — including the first spouse’s share of the family home — passes to the new partner.
5
Your children could receive nothing
A lifetime of work, and the home you raised them in, passes entirely outside your bloodline.
With a Trust
1
First spouse passes away
Their share of the property transfers into a Life Interest Trust, with the surviving spouse named as Life Tenant.
2
Surviving spouse continues living in the home
The Life Interest guarantees their right to occupy the property and benefit from the estate for the rest of their life.
3
Care fee assessment is conducted
The deceased spouse’s share remains held in Trust. This may help preserve the asset for intended beneficiaries during any care fee assessment.
4
Surviving spouse remarries or passes
The Trust capital is unaffected. The first spouse’s share passes precisely to the beneficiaries named in their Will.
5
Your children inherit as planned
The Trust helps ensure the deceased spouse’s share passes to the intended beneficiaries.
Four reasons families lose
what they worked a lifetime to build
Without a Trust in place, your estate is exposed to risks that a straightforward Will simply cannot address. Here’s what those risks look like under English and Welsh law.
01
Your home sold to pay care fees
Local authorities in England assess a person’s capital and assets when determining their contribution towards care home fees. Under current rules, individuals with capital above the applicable upper threshold may be required to fund some or all of their own care. A properly structured Property Trust may help preserve the deceased spouse’s share of the family home for intended beneficiaries, although the treatment of Trust assets in any care-fee assessment will depend on the individual circumstances.
02
Sideways disinheritance
This is a scenario many families never consider. You leave your estate to your spouse, who later remarries. Under the Wills Act 1837, marriage generally revokes an existing Will, meaning your spouse’s estate may ultimately pass in a way you never intended. As a result, children from an earlier relationship may receive less than expected or be excluded altogether. A Life Interest Trust can allow your spouse to live in the property and benefit from the estate during their lifetime, while helping to preserve the underlying capital for the beneficiaries you have chosen.
03
A beneficiary’s divorce reaches your estate
If you leave assets directly to a child and that child later divorces, inherited assets may be taken into account in financial remedy proceedings, particularly where they have been mixed with family finances. A Discretionary Trust allows assets to be held outside the beneficiary’s direct ownership and may help reduce exposure to divorce claims and creditor action while preserving flexibility for future generations.
04
Children inherit too early, too quickly
Under the intestacy rules, a child generally becomes entitled to their inheritance at age 18. Even where a Will exists, many parents do not impose conditions on inheritance. A Discretionary Trust allows trustees, chosen by you, to manage and distribute assets at appropriate stages of a beneficiary’s life, whether at a specified age or upon reaching milestones such as purchasing a home or starting a business. This can help ensure assets are preserved and distributed when beneficiaries are better prepared to manage them.
Trusts
The right Trust
for you.
Drafted under English and Welsh law, compliant with the Trustee Act 2000 and the Law of Property Act 1925. We’ll recommend the right structure for your circumstances — and explain it with no jargon before we draft a single clause.
POA
Life Interest Trust (Will-based)
Written into your Will. Gives your surviving spouse the right to benefit from your estate while protecting the capital for your chosen beneficiaries. A strong defence against sideways disinheritance.
POA
Property Protection Trust
Transfers your share of the family home into a Trust on first death, helping to preserve that share for future beneficiaries and potentially reducing its exposure in care fee planning. Requires ownership as Tenants in Common.
POA
Discretionary Trust
Maximum flexibility. Trustees you appoint decide how and when assets are distributed. Helps protect against divorce, creditors, and premature inheritance. Ideal for blended families and larger estates.
POA
Lifetime Trust (Inter Vivos)
A Trust created during your lifetime. Often used to hold property, business interests, or investments as part of inheritance tax planning and long-term asset preservation.