Trusts for estate planning: what, when and how?

How trusts can assist in organising family wealth and safeguarding future generations

Trusts have been utilised for centuries to manage and safeguard wealth, yet they remain among the least understood aspects of estate planning. Although often seen as complex or reserved for the ultra-wealthy, a trust is simply a legal arrangement that separates ownership from control for a beneficiary’s benefit. When properly structured, trusts can regulate how assets are utilised, protect against creditors and disputes, avoid probate for enhanced privacy and speed, and reduce costs and family conflicts.

Today, with evolving tax laws and increasingly diverse family structures such as blended families, unmarried partners, and dependents with special needs, trusts will remain vital for careful and efficient asset transfers. They offer precise control over timing and conditions, enable the addition of safeguards or incentives, and can align with charitable or business succession goals. Whether protecting a home, managing investments, or planning for incapacity, trusts provide adaptable control, protection, and flexibility across generations.

When a trust might be appropriate
There are many reasons why someone might consider establishing a trust. It could be to ensure that younger beneficiaries receive assets gradually, rather than inheriting a large sum all at once. Some people use trusts to support children or grandchildren through key life milestones, such as education or buying a home. Others might want to protect a relative who struggles with financial discipline or has a vulnerable partner.

When family relationships are complex, a trust can help ensure assets are transferred according to the settlor’s wishes without the risk of disputes. Charitable trusts are also popular among those wanting to create a lasting legacy for causes they care about. Both options share the same fundamental goal: to maintain control over how wealth is used, even after it has been gifted.

Understanding how trusts work
At its core, a trust is a legal relationship involving three parties: the settlor, who places assets into the trust; the trustee, who manages those assets; and the beneficiary, who benefits from them. This structure enables the settlor to establish clear terms for how assets should be handled and distributed, creating a framework that can protect, grow, and ultimately pass on wealth according to their wishes.

Once the trust is established, trustees hold and manage the assets in line with the terms set out by the settlor, and they are legally bound to act in the best interests of the beneficiaries. Because these responsibilities can be complex and require ongoing oversight, many people appoint professional trustees, such as solicitors or trust corporations, who offer impartial judgment, ensure compliance with legal obligations, and help maintain proper governance over time.

Benefits and challenges of using trusts
Trusts can be powerful tools for managing inheritance. They offer flexibility in how and when funds are released, and they can protect assets from risks such as poor financial management, marital breakdown, or creditor claims. However, they are not without their complexities.

Establishing and maintaining a trust requires careful legal and tax structuring. There may be reporting obligations depending on the jurisdiction, and investment management within the trust must align with its stated purpose. Trustees are responsible for ensuring that investments match the trust’s risk profile, generate income as needed, and comply with any ethical or sustainability requirements specified.

Balancing control and simplicity
The appeal of a trust often lies in its ability to combine long-term control with flexibility. It enables individuals to set clear terms for how their wealth should be managed and distributed over time, ensuring support for loved ones while preserving the original intentions behind the gift. Trusts can also adapt to changing circumstances, such as beneficiaries’ needs, tax considerations, or life events, while maintaining a consistent framework for stewardship and accountability.

That said, establishing a trust should be approached carefully, as the costs, administration, and legal complexity can vary greatly. For some families, a simple gifting strategy might achieve the desired results with less hassle. For others, especially where there are minor or vulnerable beneficiaries, complex assets, or specific conditions, a trust can offer the structure, protection, and continuity that direct inheritance cannot, helping to balance control, fairness, and risk management over the long term.

This article is for information purposes only and does not constitute tax, legal or financial advice. Tax treatment depends on individual circumstances and may change in the future. For guidance, seek professional advice. The Financial Conduct Authority does not regulate trust planning, legal advice or estate structuring.