Setting up Trusts

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"Gerrard was the most quintessential individual when it came to explaining the procedures and steps he would be taking us through to ensure we achieved the speediest and most efficient results. This was done is a very professional manner and conducted over 2 or 3 meetings all at our convenience. 

Gerrard always kept us informed as to the stages we were at and guided us through what turned to be a very simple and cost effective procedure. 

With Gerrard's assistance in this matter we can now sit back and relax in the knowledge that this delicate matter is taken care of. "

Peter & Louisa Knigh

Trusts

Setting up Trusts within a Will can be extremely valuable in Estate Planning for a number of different reasons. Trusts are often the solution to a complex situation. The use of a trust protects your assets and controls the distribution of your estate.

Property Protection Trust

For the majority of us, property is our biggest financial asset and therefore it is essential we protect its value as much as possible. 

Typically, when a couple own a house together and one spouse/ partner dies, their share will pass to the survivor. On the surface although this appears practical, there can be problems if for example the survivor remarries.  A Property Protection Trust will ensure that the beneficiaries who the deceased spouse/ partner wanted to benefit (usually the children) will ultimately inherit their interest in the home, rather than the surviving spouse’s new partner.

A Property Protection Trust is also particularly useful to people with children from previous relationships as it can help safeguard their inheritance. If you were to pass away before your spouse/partner, your share of the property would go into a trust. Then, upon the remaining spouse’s/partner’s death, the trust would end and your children would benefit from your share of the property.

This type of trust may also protect your property from an assessment to long term care fees, with the half share of the family home belonging to the first person to die, passing into the trust.

The Property Protection Trust also safeguards the interests of the surviving spouse/partner, by ensuring that the surviving spouse/partner has the right to remain in the property for the rest of their life. The trust also gives flexibility for the surviving spouse/partner, for example to move home or downsize within their lifetime.

Discretionary Trust

A Discretionary Trust allows you to place particular assets, funds or the residue of your entire estate for a group of beneficiaries. This trust is then managed by your appointed Trustees who will decide who out of the group gets what and when.

Setting up a Discretionary Trust is a good way to preserve your estate as it is your Trustees who decide when it is most beneficial for the beneficiaries to receive their assets. This is particularly important if a beneficiary is personally or financially vulnerable as your Trustees can manage the situation and ensure your assets are not recklessly squandered.

Disabled Person Trust

If one or more of your beneficiaries is disabled, it is vital to take extra steps to make sure they will be provided for when you are no longer around to look after them. This is where a Disabled Persons Trust could be essential to ensure their wellbeing is taken care of.

Life Policy Trust

Life insurance is an excellent way to ensure your family have immediate financial support. However such a policy could increase Inheritance Tax liability. A life Policy Trust can help reduce this.

Death in Service Benefit Trust

A Death in Service (DIS) Benefit Policy provides for the financial wellbeing of your surviving spouse or partner. As this sum is paid by your employer directly to your surviving spouse or partner, it is not part of your estate and not subject to Inheritance Tax. It will however form part of your partner’s estate and could then be taxed on their death. The ultimate Inheritance Tax liability can be reduced by paying the Death in Service Benefit into a trust when you die.

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Throughout their history, trusts have provided people with a means of protecting their assets and controlling how they are used after they have been given away.

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WHY MAKE A TRUST?

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