22 The Parks, Minehead,
Somerset, TA24 8BT
Minehead Solicitors


17 The Crescent, Taunton,
Somerset, TA1 4EB
Taunton Solicitors


Central Court, ,
London, WC2A 1AL
London Solicitors

Administration of trusts solicitors

We can help with the drafting of both lifetime trusts and trusts in your will.

There are many reasons why you may consider lifetime trusts and trusts within your will. They are often part of your succession/ estate planning - passing assets to the next generation in a way which is most tax efficient for you and them. Our administration of trusts solicitors are here to help you prepare and help secure the future passing of your assets.
Trusts enable you to protect assets for future generations, for vulnerable beneficiaries or for those you worry may simply make the wrong decisions.  When placing assets in trust, you are putting the trustees rather than the beneficiaries in control of the assets.

We will discuss your needs and aims with you in order to help you decide whether a trust is right for you and, if so, what sort of trust best suits your circumstances.  We often work alongside other experts such as tax accountants and financial planners to make sure that your estate and tax planning is properly coordinated to best benefit you, your family and your loved ones.

For information on trusts for jointly owned property click here


Trust Administration

Depending on the type of trust you have set up, there will be an ongoing responsibility to look after and administer that trust.

We are able to help with the administration of a trust, both in advising trustees as to their duties and preparing documents to record trustee decisions and any changes of trustee.  We can also advise on specific problem that a trustee or beneficiary may encounter during the life of a trust or help with any disputes that may arise.  We will work alongside accountants and other experts where appropriate to make sure that the trust is run tax efficiently and to the maximum benefit of the beneficiaries.

Trust Registration

The majority of trusts now also have to be registered online with the Inland Revenue's trust registration service. There are deadlines for registering a registrable trust and fines for failing to do so.

We can help you with the registration of your trust as well as keeping trust details updated as required by the law.

Frequently Asked Questions

  • What is a trust?

    In a nutshell, a trust exists where an asset is held legally by one or more person(s) (called trustees), for the benefit of someone else (the beneficiary or beneficiaries).  The trustee cannot benefit from that asset themselves but they are responsible for looking after it for the beneficiary.

    There are a number of different types of trust and reasons for setting up a trust.

  • What are trusts used for?

    Trusts are often used for tax planning reasons, as well as to protect assets held for young people or vulnerable adults.

    Trusts can also protect assets that are to be used to help someone who is in receipt of means-tested benefits, without affecting their right to those benefits.  They can also provide protection for someone who you would like to benefit from an asset, but who (for whatever reason) may not be able to deal with the management that asset for themselves.

    Trusts are an important part of estate planning and are often included in wills, especially when second marriages/ civil partnerships or blended families are involved.

  • What types of trust are there?

    If you are thinking about trusts, you need to be aware of the different types of trust which exist so that the right trust is set up for you and those you wish to benefit.

    Trusts can be divided into several broad types.   These can be briefly summarised as;

    Discretionary Trusts

    A discretionary trust gives your trustees discretion to benefit a defined group of beneficiaries. The power to add beneficiaries to this group is often included in the trust.  As a beneficiary cannot benefit from the trust without the trustees deciding whether to benefit them and to what extent, this type of trust is good at protecting a beneficiary who might make bad decisions for themselves.    This type of trust is also suitable if you are unsure exactly who you might want to benefit from the trust or where you wish to allow maximum flexibility for tax planning reasons.  

    Disabled Persons Trusts

    These are based upon a discretionary trust model as set out above but are specifically designed to benefit the disabled person.   Since this trusts give the trustees discretion as to when to benefit the disabled person rather than giving the disabled person an absolute right to the trust assets, the disabled person’s entitlement to means-tested benefits is preserved. 

    Life Interest Trusts

    These grant a beneficiary the right to income from trust assets (or the right to use the trust asset) but do not grant them a right to the capital value of the asset, although the trustees are commonly given a discretion to forward capital to the beneficiary if they consider it necessary.  These types of trust are often seen in wills where there is a second marriage or partnership and a person wishes to provide for their spouse/ partner whilst ultimately ensuring that the asset passes to their children (often the family home).

    Bare Trusts

    These are simple trusts, where a person holds an asset on behalf of another person until that person reaches the age of 18 and who can then take over management of the asset themselves.  The beneficiaries of these trusts have an absolute right to the trust asset which passes to them as soon as they reach the required age.  This type of trust is most commonly used to hold assets (often property) for minors until they come of age. 

  • How do I set up a Trust?

    There are a lot of factors to consider when setting up a trust and it is important to take specialist advice.  You will need to think carefully about who will be the trustees, how much control you want them to have and who you wish to benefit from the trust including when and how much they should benefit.  Trusts carry tax consequences and it is important that you take careful advice about the tax consequences before you set up a trust.    Whilst trusts can be a very useful estate planning tool, if they are not set up carefully, they can have unintended tax consequences.

    Once you have decided to set up a trust and you have identified your trustees, your beneficiaries and what type of trust you require, you will need to identify what assets or funds you will transfer to the trust at the outset (the ‘initial fund’).  Normally, trusts are set up so that more assets can be added in the future (although, again, professional advice should always be sought before adding further trust assets due to the potential for unforeseen tax consequences).

    A trust is set up by executing a trust deed and transferring the initial fund to the trustees.   Ideally, the initial fund will be transferred to the trustees at the same time as the trust deed is signed.  How assets are effectively transferred will depend upon the nature of the assets and it is recommended that professional assistance is sought.


  • What is trust registration and do I need to register my trust?

    For more information on trust registration and the trust registration scheme please click here

  • Anna was knowledgeable confident and courteous throughout
  • Maitland Walker LLP have dealt with every single one of my enquiries with professionalism and integrity.....I would not hesitate to use their services again should the need arise
  • Excellent advice and level of support and understanding with our wills
  • Emily was very understanding, helpful, efficient and gave good advice. Professional, friendly outstanding service. Could not ask for more
  • "I found James very courteous and efficient. He knew exactly what he was doing and I felt confident enough to let him shepherd me through the process of administering my late wife's estate"

Talk it over
with an expert

Get in touch for a free, no obligation call
with one of our friendly and professional team
Alternatively, fill in this form and we can contact you
Get in touch