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Guidance on Trusts

A Trust is a legal arrangement that allows a person (known as the settlor) to pass assets such as money, property, or investments to others (the beneficiaries), while appointing someone they trust (the trustee) to manage those assets in line with their instructions.

What is a Trust and why do you need one?

What is a Trust and what are the roles?

A Trust is a legal arrangement that allows a person (known as the settlor) to pass assets such as money, property, or investments to others (the beneficiaries), while appointing someone they trust (the trustee) to manage those assets in line with their instructions.

What are Trusts commonly used for?

Trusts are commonly used in estate planning to:

- Protect family wealth

- Control how and when assets are passed on

- Reduce Inheritance Tax where appropriate

- Provide for young, disabled, or vulnerable beneficiaries

- Ring fence property from care fees or the risks of remarriage

Types of Trusts

There are several types of Trusts available, each designed to meet different needs. Discretionary Trusts offer flexibility, allowing trustees to decide how and when assets are distributed. Interest in Possession Trusts provide income or use of assets to one person for life, with the remainder going to others. Property Protection Trusts help safeguard your share of the family home while allowing a partner to remain living there.

More Types of Trusts

Vulnerable Person’s Trusts support disabled or mentally incapacitated beneficiaries without affecting their benefits. Bare Trusts are simple arrangements that pass assets directly to a beneficiary at a set age. Flexible Life Interest Trusts combine long-term support for one person with flexibility for future changes. Each Trust serves a unique purpose, and the right one can help you protect your loved ones and your assets effectively.

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Types of Trusts Explained

There are several types of Trusts available, each designed to suit different personal, family, and financial situations. Choosing the right one depends on what you want the Trust to achieve. Below is an overview of the most common types:

Discretionary Trust

A Discretionary Trust gives your chosen trustees full control over when and how beneficiaries receive assets. This flexibility is useful if beneficiaries are young, financially inexperienced, or in uncertain circumstances such as divorce or debt.

Best for:

Protecting assets for children or vulnerable adults

Keeping control over when and how money is distributed

Future-proofing against changes in family needs

Interest in Possession Trust

This type of Trust allows one beneficiary (often a spouse or partner) to receive income or benefit from an asset during their lifetime, while the capital (such as the home or savings) is preserved for someone else, usually children, after their death.

Best for:

Providing for a surviving partner while protecting inheritance for children

Second marriages or blended families

Property Protection Trust

A Property Protection Trust allows you to leave your share of the family home in Trust, usually to ensure a partner or spouse can continue living there, while safeguarding your share for your chosen beneficiaries.

Best for:

Couples who want to protect their home from care fees

Ensuring children inherit from a previous relationship

Vulnerable Person’s Trust

This Trust is designed specifically for beneficiaries who are disabled or lack mental capacity. It provides financial support without affecting their eligibility for means-tested benefits.

Best for:

Protecting a vulnerable child or adult's inheritance

Ensuring long-term financial support with appropriate safeguards

Bare Trust

A Bare Trust gives beneficiaries the absolute right to the assets at age 18 (or 16 in Scotland). The trustees manage the assets until the beneficiary reaches that age.

Best for:

Passing on gifts to children with minimal restrictions

Simple and straightforward arrangements with no long-term control

Flexible Life Interest Trust

This combines features of both an Interest in Possession Trust and a Discretionary Trust. It allows income to be paid to one person during their lifetime, with trustees having flexibility over what happens to the remaining assets.

Best for:

Balancing the needs of a partner and children

Providing flexibility if circumstances change

Asset Protection Trusts

An Asset Protection Trust is a valuable method of managing and protecting your estate from potential threats. It is a measure you can undertake to ensure that your assets can, when the time is right, go to their intended destination without needing to worry about creditor intervention.

This type of trust is irrevocable and must be created prior to death. Your APT will offer the strongest possible protection for your assets from any and all creditors, lawsuits, and judgements that may arise against your estate at any time.

Once assets are entered into a protection trust, they cannot be removed against the wishes of the settlor.

Generally, people will place their most valuable, most cherished assets into trust. This can include:

Property, such as the family home or any holiday property (this can include a share in a house if it is jointly owned)

Capital above £14,250 (anything below this is not considered for means testing so would not need to be placed into the trust)

High value investments

Family heirlooms

When placing any assets into an Asset Protection Trust that attracts capital gains tax, it is important that you remain cautious.

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