Do you have a Trust in your Will? 4 advantages it could offer

September 22, 2026

Do you have a Trust in your Will? 4 advantages it could offer

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By Mared Jones

Read time: 4 minutes

A Will is amongst the most important document you will prepare during your lifetime. However, it is also something that many people overlook or put on the back burner to think about another time.

Writing a Will is by no means always a simple task; with a broad range of factors to take into consideration to ensure that your estate is distributed in accordance with your wishes.

One of the options for inclusion in a Will are Trusts, which can provide vital protection for your family.

What is a Trust?

The early form of a ‘Trust’ originates from the 12^th century, as Crusaders transferred land to trusted friends to manage their assets for the benefit of their family. Of course, the framework of a Trust has evolved since then, but the crux of the idea remains the same: to protect assets for the future generation.

Modern Trusts are central to estate planning, asset protection, charitable giving and asset management.

Trusts in Wills

Trusts can be created during your lifetime. These ‘Lifetime Trusts’ tend to come into effect as soon as they are set up. Contact our team if you’d like to find out more about Lifetime Trusts.

Trust Wills, on the other hand, are incorporated within a Will and only become effective upon death.

Examples of the different types of Will Trusts are:

• Interest in Possession Trusts (commonly referred to as a ‘Life Interest Trusts’)
• Bare Trusts
• 18-25 Trusts
• Discretionary Trusts

The above list barely scratches the surface on the range of different Trusts which could be considered. Of course, the most appropriate Trust will depend on your circumstances and wishes.

You can decide to incorporate a particular Trust within your Wills for a range of different reasons. These reasons typically include:

• Enhanced Inheritance Tax planning
• Establishing an appropriate age that a beneficiary must attain before receiving a large inheritance (e.g. 18, 21, 25)
• Care Home Fee planning
• Providing for a vulnerable or disabled beneficiary
• Ringfencing an estate against future threats such as divorce, re-marriage, bankruptcy
• Protecting the inheritance for your descendants in other circumstances where it may be inappropriate to give them significant sums of money such as if they have alcohol or drug problems or if they are simply poor at managing their finances
• Multi-generational planning such as provision for grandchildren or even further descendants

What are the benefits of a Trust Will?

Trust Wills have the potential to offer several advantages, including:

1. Tax Efficiency – Allowing Executors to consider potential reliefs which could assist in reducing an estate’s Inheritance Tax liability.
2. Flexibility – Enabling your Trustees to make decisions after your death to reflect current circumstances or evolving family needs. This flexibility is valuable where asset values are uncertain or it is presently unclear whether assets will benefit from specific reliefs (e.g. Agricultural Property Relief or Business Property Relief).
3. Trustee Discretion – Trustees have discretion as to when and how they may transfer funds from the Trust. It may well be that it is not appropriate to give funds to a particular beneficiary on account of their current, personal circumstances. In this circumstance, in order to protect the Trust fund and the interest of that particular beneficiary, the Trustees would have the power to defer payment and give limited sum for the time being or to even make purchases for the beneficiary, rather than give them money that may be wasted.
4. Estate Planning – Will Trusts allow for careful succession planning while allowing you some control over assets after death. This is because you would provide a ‘Letter of Wishes’ giving guidance to when and how your Trustees are to make payments to beneficiaries.

Take professional advice

If your aim is to ringfence your estate for the benefit of the future generation, then Trust Wills are a very effective tool.

However, it is important that you take professional advice when considering the inclusion of Trusts in your Will.

For example, there could be:

• Unintended Tax Consequences – Some Trusts may have an adverse effect on the availability of certain Inheritance Tax reliefs if not managed correctly.
• Complexity – The administration of Will Trusts is not always a simple task, particularly if you have a large estate with various types of assets. Due care and consideration should be given when appointing your Executors and Trustees, as these are the persons who will assume responsibility of managing the administration of the trust. For this reason, many people appoint a professional Executor and Trustee often alongside family members.
• Not appropriate in every case – There may be alternative ways of ensuring that your estate is dealt with effectively that do not require a Trust. It is always a good idea to take advice regarding the pros and cons of any such decision.

In summary, a carefully drafted Will Trust can form an important part of wider estate planning, helping to ensure that your assets are managed in a manner which reflects your wishes and balances your family’s requirements.

If you would like advice on whether the incorporation of a Trust within your Will is appropriate for your circumstances, or require assistance with making or reviewing a Will, get in touch using our contact form, hello@darwingray.com or via 02920 829 100 to see how we can support you.