When someone dies leaving a Will that creates a Trust, it can have implications for the person dealing with the administration of the estate.
A Will may leave property or assets to a Trust so that an individual may benefit from them during their lifetime without actually owning them. For example, the deceased may have wanted their partner to be able to continue to live in their home, but might want it to pass eventually to children. Or they may want to leave money to children for their maintenance and education.
Estate Administration and Will Trusts
The need to set up a Will Trust doesn’t alter the need for an executor to obtain probate. In some cases, where the assets fall below a certain threshold, probate might not be required.
Setting up a Will Trust
The executor is responsible for creating the Will Trust. They will ensure that assets are properly transferred to the trust and that the trustees named in the Will have access to them and are aware of their obligations under the terms of the Will.
Once the assets have been transferred, the trustees will be responsible for looking after them and distributing them to the beneficiaries as specified.
Types of Will Trust
A Life Interest Trust gives a beneficiary the right to benefit from an asset during their lifetime. This could include maintenance payments or living in a property. Once the beneficiary has died, the assets pass in accordance with the terms of the original Will.
A Discretionary Trust gives the trustees the right to distribute funds to named beneficiaries as they see fit. For example, there may be a request to fund education or provide a lump sum towards the purchase of a home.
Money held in Trust for a Minor will be looked after by the trustees until the child reaches the age specified in the Will. This doesn’t have to be 18 – it may be 21 or 25 or even older if the deceased wished.
A Nil Rate Band Trust may have been included in a Will as part of Inheritance Tax (IHT) planning. While it is no longer a requirement, older Wills may still contain this type of trust, which transferrs assets amounting to the maximum sum the deceased could give under a Will without being liable for IHT.
Help with Will drafting and administration
Creating a valid Will that does exactly what you want and makes the best use of assets in the light of IHT and other considerations can be complicated.
Dealing with the administration of a Will and setting up of a Will Trust may also have tax implications. Obtaining professional advice means that you can be sure that assets are maximised.
To speak to one of our expert probate lawyers, ring us on 01634 353 658 or email us at [email protected].