Trust Planning Service

Trust planning is a financial and estate planning strategy that involves creating a legal entity called a trust to hold, manage, and distribute assets according to the wishes of the individual who establishes the trust, known as the grantor or settlor.

Trusts protect and preserve wealth, minimise tax liabilities, avoid probate, and provide for the financial needs of beneficiaries, such as family members.

In trust planning, the grantor transfers assets to the trust and appoints a trustee to manage those assets on behalf of the beneficiaries. The trustee has a fiduciary responsibility to act in the beneficiaries best interests and follow the trust terms specified by the grantor.

Trusts can be structured in various ways to achieve specific financial goals or to address unique family situations.

A trust and a will are both estate planning tools, but they differ in structure, function, and legal implications.

A trust is a legal entity that holds and manages assets through a trustee for the benefit of designated beneficiaries, offering more control, flexibility, privacy, and avoidance of probate.

In contrast, a will is a legal document outlining the distribution of assets after an individual’s death, appointing an executor to manage the estate.

Wills become effective only upon death, are subject to probate, and offer less control and privacy compared to trusts.

The choice between a trust and a will depends on your financial goals, family dynamics, and preferences. You should consult an estate planning advisor to determine the most suitable option.

A trust can offer several benefits in managing and distributing wealth, depending on your financial goals and circumstances. Some advantages of setting up a trust include:

Tax Mitigation

Assets placed into trust are not considered a part of the settlor’s estate upon death.

Therefore their value is not included when calculating the settlor’s inheritance tax liability. With an inheritance tax currently at 40%, a trust can make a massive difference in the amount your loved ones receive when you die.

A settlor must survive seven years after the assets are placed into trust for the total value to fall out of their estate. If the settlor doesn’t survive seven years, a tapered tax rate is applied.

Avoiding probate

Once assets are placed into trust, they no longer belong to the settlor. Therefore, a grant of probate is not required to distribute them. This can save precious time, legal fees and administrative stress.

Managing your Assets

Certain types of trust can provide flexibility when distributing assets alongside tax mitigation.

For example, if you are looking to structure your estate to pass wealth to children/grandchildren who are minors, using a discretionary trust will ensure they receive the assets when they can manage the responsibility.

If one of your beneficiaries cannot manage their assets due to disability, a trust will distribute the assets to them appropriately.

If you are concerned about a conflict between beneficiaries, e.g. if you have children from different marriages, a trust will distribute the assets appropriately.

Protecting your assets

As the use of a trust passes ownership of the assets to trustees, the assets are protected from creditors and soon-to-be ex-partners during a divorce.

A discretionary trust can also protect assets from those who may take advantage of a beneficiary.

For example, partners of a beneficiary may wish to access the assets for their gain. Therefore, a discretionary trust will only pass on the assets to the beneficiary when they deem it in the settlor and beneficiaries’ best interest.

Provide Flexibility

Certain trusts allow a settlor to place assets in trust for beneficiaries but continue to benefit from the assets themselves. Trusts also provide flexibility in the way benefits are paid to beneficiaries.

Discretionary trusts ensure benefits are only paid when the beneficiaries can manage the assets appropriately. This is at the trustees’ discretion, in line with the settlor’s wishes, hence the name ‘discretionary trust’.