Kingsfords Solicitors Banner Image

Wills, Probate, Powers of Attorney & Advice for Older Clients

Trusts

A Trust is a useful instrument and can ensure that assets are preserved for future generations. However, there are many elements that need to be considered when setting up a Trust, which is why the support and guidance of a specialist Trust solicitor is essential.

At Kingsfords, our Trust solicitors in Kent have many years of experience in supporting individuals with Trusts. Whether you intend to set up a Trust from scratch, are seeking advice on how best to manage an existing Trust, or are involved in a dispute, our team will be able to provide bespoke advice that is carefully tailored to your circumstances.

With the support of our team, you can be certain that a Trust will be set up that protects your assets, as well as being as tax efficient as possible, providing assurance that the future generations will be able to receive the full benefit.

Our Trusts service includes the following:

  • Setting up a Trust
  • Advice for managing an existing Trust
  • Resolving Trust disputes

Speak to our Trusts solicitors in Kent today

Speak to one of our Trusts solicitors at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545 or fill in our enquiry form on the right hand side of the page to request a call back.

Our Trusts expertise

Setting up a Trust

It is important to understand that there are multiple different types of Trusts, all of which provide specific benefits. Our Trusts solicitors in Kent can support you in selecting the right Trust for your circumstances and requirements and then take the necessary steps to setting it up.

The types of Trusts our team can help you to set up include:

  • Lifetime Trusts
  • Vulnerable and Disabled Persons Trusts
  • Discretionary Trusts
  • Charitable Trusts
  • Property Trusts
  • Trusts for Grandchildren

Our Trust law advice also extends to advising you on how to choose your beneficiaries and Trustees, giving you the peace of mind that everything will be taken care of and that your assets will be passed on exactly as you intend further down the line.

Advice for managing an existing Trust

Acting as a Trustee can be a complex process. Under the Trustee Act 2000 (TA 2000), you will have a range of legal responsibilities with regards to managing the Trust, which can be a daunting prospect, especially if you have no prior experience.

Our Trust solicitors in Kent are able to provide you with detailed advice regarding your role as a Trustee, supporting you in the process of effectively managing the Trust in question. This can help to ensure that actions are being taken which are in the best interest of the beneficiary.

Where required, our family Trusts service in Kent will involve:

  • Administering the Trust in line with the Trust deed
  • Complying with Trust law
  • Discussing the appropriateness of making any changes to the Trust
  • Managing the existing assets in the Trust
  • Distributing the Trust assets to beneficiaries when required

Resolving Trust disputes

Disputes in any capacity can be difficult to manage. Unfortunately, it is possible for disputes to arise between settlors, trustees, and beneficiaries, particularly in situations where one party may feel they are being unfairly treated.

Where a Trust dispute occurs, our team have a step in to provide an efficient and cost-effective solution.

If it is possible to do so, our Trust dispute solicitors will always seek to resolve these matters out of court, using various methods of alternative dispute resolution.

That said, if court proceedings are the only logical way to proceed, we can provide robust representation to ensure that your interests are protected and you are best equipped to secure the outcome you are looking for.

In this context, Trust disputes could relate to:

  • Breaches of a Trust
  • Failure to administer a Trust
  • Mistakes in the terms of a Trust
  • Settlor was not fit to create the Trust (lacked mental capacity, received negligent advice etc.)
  • Marcus Parsons
      • View profile
  • Julie Granger
      • View profile
  • Adam Luke
      • Adam Luke
      • Director - Co-head of Wills, Probate and Powers of Attorney
      • View profile
  • Elizabeth Isaac-Garner
      • View profile
  • Corrina Sewell-Hill
      • View profile
  • Taya Thorogood
      • View profile
  • Michaela Clifford
      • View profile

Frequently asked questions about Trusts

What is a Trust?

A Trust is a method for managing assets. Assets could involve cash, investments, land or buildings.

When Trusts are set up, they are managing by a Trustee for the benefit of another person, or multiple people (the beneficiaries). Trusts will often be set up to support beneficiaries who would not be able to manage the assets immediately,

What are the different types of Trust?

There are various different types of Trusts which can be set up. These include:

  • Lifetime Trusts
  • Vulnerable and Disabled Persons Trusts
  • Discretionary Trusts
  • Insurance Trusts
  • Charitable Trusts
  • Property Trusts
  • Trusts for Grandchildren

Lifetime Trusts

Lifetime Trusts can be set up and put into action immediately. The settlor will continue to benefit from the assets in the Trust while they are still alive.

Vulnerable and Disabled Persons Trust

These types of Trusts provide special Tax treatment for vulnerable beneficiaries. In this context, a vulnerable person would be someone under the age of 18 whose parent has died, or disabled person who is already eligible to receive certain benefits.

With a Vulnerable and Disabled Persons Trust, the assets will typically not affect a beneficiary’s means-tested benefits.

Discretionary Trusts

With a Discretionary Trust, the Trustees will be able to make decisions related to the Trust income and, depending on the terms, the capital. They could be given the authority to decide on what gets paid out, when to pay beneficiaries, and whether certain conditions should be applied.

Insurance Trusts

A life insurance policy will usually be the primary asset in an Insurance Trust.

Charitable Trusts

As the name would suggest, Charitable Trusts are strictly for charitable purposes. Trustees will only be able to use the income or capital to support charities or charitable causes.

Property Trusts

These types of Trusts will cover a share of jointly owned property to ensure that a surviving spouse is able to continue benefiting from the deceased partner’s share in the home, without actually owning the home outright.

Trusts for Grandchildren

Trusts for grandchildren is a common option for many people. There are various provisions in place to prevent parents from shifting income from themselves to their children. These are not necessarily in place for grandparents who intend to provide for their grandchildren under the age of 18.

Who deals with a Trust?

There are typically three parties involved in handling a Trust. A settlor, the Trustees and the beneficiaries.

The settlor is the person who creates the Trust and details how the assets in the Trust should be used.

The Trustees manage and administer the Trust and the assets contained within. They will deal with the Trust according to the settlor’s wishes.

The beneficiaries are the individuals who benefit from the Trust.

Can a Trust reduce Inheritance Tax?

Yes, potentially. When money is placed into a Trust, you may no longer be considered to be the owner, which means it may not count towards your Inheritance Tax bill when you pass away.

Do I need a solicitor to set up a Trust?

There is no legal requirement to have a solicitor help you create a Trust. However, Trusts can be very complex legal documents, so it is important to have a detailed understanding of what needs to be included so that it will be considered valid in the future and won’t be the cause of a dispute.

For the best chance of creating an accurate Trust, it is important to have the advice and guidance of an experienced solicitor specialising in Trusts on your side.

Does the Trust need to be registered, to be effective?

Registering a Trust with HMRC is a new requirement, to make sure you and the Trust comply with anti-money laundering regulations. HMRC will not currently charge a penalty if they find out that you have failed to register or to maintain the trust, as long as there was no deliberate behaviour and you take steps to correct the error within a set time limit. At Kingsfords we will assist with the Registration process to best protect your position.

Speak to our Trusts solicitors in Kent today

Speak to one of our Trusts solicitors at our offices in Ashford, Cranbrook or Hythe today by calling 01233 624545 or fill in our enquiry form on the right hand side of the page to request a call back.