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Call us on 0330 123 3882

We're here 24/7, 365 days a year.

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  • Trusts

Trusts Solicitors

Trustpilot

Services in: Trusts

    • Trust Administration Services
    • Duties of Trustees
    • Estate Planning
    • Family Trusts & Asset Protection
    • Discretionary Trusts
    • Personal Injury Trusts
    • UK Trusts Register
    • Will Trusts
    • Trust Disputes

Our trust solicitors can help you protect and manage your assets now and for the future.

Trusts are a way of managing wealth – money, investments, land or property – for you, your family, or anyone else who you’d like to benefit.

Contact our team to see how our trust solicitors can help you protect and manage your assets.

What is a trust?

A trust is a legal arrangement that manages money or assets for the benefit of specific people. When you set up a trust, you decide who will oversee the trust (the trustees) and who will benefit from it (the beneficiaries).

Assets can still generate income once they have been placed in a trust. Properties can still charge rent, shares still collect dividends, and money can still generate interest. This income can either stay in the trust or be paid to beneficiaries.

Assets may increase or decrease in value while in a trust – it is the trustees’ responsibility to manage this in the beneficiaries’ best interest.

As such, trusts do sometimes have to pay tax. However, it can be more tax-efficient to put assets in a trust and receive income as a beneficiary than it is to receive the income directly.

What can Irwin Mitchell’s trust solicitors help with?

We can help you set up a trust to:

  • Safely pass on assets to the next generation
  • Fund education for your children and grandchildren
  • Provide for vulnerable loved ones
  • Provide for children and partners from different relationships
  • Manage personal injury compensation
  • Reduce inheritance tax payments
  • Protect assets from creditors or divorcing partners.

Why choose Irwin Mitchell’s trust solicitors?

We understand that every person’s financial and family situation is totally unique. Our lawyers will work closely with you and provide a bespoke plan engineered to your individual needs and requirements.

We have unsurpassed experience with all aspects of trust law and taxation and can offer practical, tax-efficient advice on creating, administering, changing, and ending your trust.

You’ll benefit from the fully comprehensive legal knowledge of our specialists across the fields of Wills, estate planning and tax law. Whether you hold assets in the UK or across the world, we can help.

Our offices are located around the UK and have confidential meeting rooms where you can meet your trusts solicitors. We can also meet you at an appropriate location or arrange phone or video calls. We’ll always work in a way that’s best for you.

Advise trustees on personal risks, duties and responsibilities
Experience in setting up, running and advising on trust matters
Offices across the country
Experts in trust tax planning

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Paula Myers National Head of Will, Trust and Estate Disputes Meet the team

More Information - Trusts

The settlor is the person that establishes a trust by putting assets into it. This process is known as ‘settling’ the assets in the trust.

The settlor also decides who the beneficiaries of the trust will be and can place conditions on how the assets should be managed.

A trustee is a person or company that the settlor appoints to manage the trust and its assets. A settlor can appoint themselves to be a trustee and can also appoint successors to take over as trustee when they die.

Trustees must follow any instructions left by the settlor and can only use the trust assets in the beneficiaries’ best interests. Trustees have more freedom to make decisions in a discretionary trust.

A beneficiary is someone that the settlor chooses to benefit from the trust. They might receive an income from trust assets, inherit trust assets at a certain point in time, or be allowed to live in a trust property.

Settlors can be a trustee and beneficiary of their own trusts, and other beneficiaries can be trustees too.

You can choose anyone to be a beneficiary of a trust, such as:

  • A specific, named individual
  • A class of people, such as ‘my grandchildren and their descendants’
  • A charity or charities
  • Any other body of people, such as a company or sports club.

By choosing a class of people to be beneficiaries, you can include people who haven’t been born yet. This means your trust can help your family for generations to come

Beneficiaries can be trustees of the same trust they benefit from. It’s usually best to have at least one non-beneficiary trustee for discretionary trusts that give trustees a lot of freedom. This helps ensure that the trust is administered as the settlor intended.

To set up a trust, you need to include all the details about how the trust should be managed in a document called a declaration of trust. The document should state:

  • Who will be appointed as trustees
  • Who will benefit from the trust
  • Which assets will be put into the trust
  • How you want the assets to be managed
  • How you want benefits to be distributed

Our specialist lawyers can advise on any of these decisions and help you choose the most effective arrangements to best serve your beneficiaries.

While you can draft a declaration of trust yourself, trust law is complicated and the document must be very carefully worded to protect your assets as intended. With an expertly-written declaration of trust from our highly experienced team, you can ensure the outcomes you want.

Call us today on 0370 1500 100 to find out more about how we can help.

You can put any asset that you own into a trust, including:

  • Land and real estate property – including family homes, investment properties, or agricultural estates
  • Personal property – including art, jewellery, and other valuable heirlooms
  • Financial assets – including money, stocks, and shares
  • Life Insurance – you can instruct your life insurance policy to pay out to a trust

You can put assets into a trust during your lifetime or state in your Will that it should happen when you die.

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Irwin Mitchell are a very professional, trustworthy and straightforward company to deal with. I would recommend them to anyone."

Frank Clayton, client

Elderly Care Crisis: A Tipping Point

How you can prepare

Our latest research forecasts that the retirement living sector in the UK will run out of beds and have a multi-billion-pound funding gap within the next 10 years.

This research shows that planning for the future is more important than ever. Find out more about how our Later Life Planning experts can help you prepare.

Read More Client Stories

Frequently Asked Questions

What is a lifetime trust?

A lifetime trust is quite simply a trust that you establish during your lifetime. People are often trustees of their own lifetime trusts so they can keep control of the trust assets. In some circumstances you might want to be a beneficiary of your own trust.

There are a number of reasons why you might set up a lifetime trust, including:

  • Passing on assets to the next generation before you die
  • Providing a safe, steady income for vulnerable loved ones
  • Managing a personal injury settlement
  • Minimising inheritance tax and probate costs when you die
  • Protecting assets against the risk of debt and insolvency
  • Protecting assets from being used to pay for care home fees
  • Protecting assets from divorce or relationship breakdown.

While you can keep control of the trust for the rest of your life, you can also decide what should happen to the trust when you die. You can appoint people to succeed you as a trustee, assign new beneficiaries, and leave instructions for how the trust should be managed.

We have extensive experience with establishing lifetime trusts for a variety of reasons. Contact us online to find out how we can help you.

Trusts - Related Information

Estate Planning – read about how trusts and estate planning integrate for tax-efficient inheritance
Wealth Structuring – our experts can help you get the most out of your assets
Duties of Trustees – how we can help trustees with trust administration and other issues
Inheritance Tax Planning – more information about minimizing inheritance tax

About Irwin Mitchell

Founded in Sheffield in 1912, Irwin Mitchell has always been a bit different. Our advisers really get to know the people and business that we help.

We have offices around the UK so wherever you are, our experts can help.

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