Trusts

Understanding the intricate aspects of trust formation, administration, and disputes is made easier with our expert guidance. Whether you need advice on asset protection, tax efficiency, or succession planning, our resources provide the practical insights essential for effective trust management. Enhance your practice by staying updated on the latest legal developments and best practices in this crucial area of private client law.

View Private Client by content type:

News
Practice notes
Precedents
Q&As

Sub Topics We Cover

Administration of trusts Compliance for trusts Court applications for non-contentious trusts Creation of trusts Digital assets and cryptoassets—trusts, tax and compliance Execution Nature and classification of trusts Personal injury and disabled persons trusts Taxation of trusts—income tax and capital gains tax Taxation of trusts—inheritance tax Termination of trusts Trustees Trusts in commercial settings Trusts of land Variation of trusts

Latest Private Client News

Updated: Apply for an agent services account

Updated: Apply for an agent services account

HMRC has updated its guidance on applying for an agent services account to state that approved anti-money laundering supervision must be in place...

Private Client weekly highlights—1 October 2026

Private Client weekly highlights—1 October 2026

This week’s edition of Private Client highlights includes: (1) a decision in which the court struck out the wording creating a life interest trust...

OSCR publishes report on financial record keeping for Scottish charities

OSCR publishes report on financial record keeping for Scottish charities

The Office of the Scottish Charity Regulator (OSCR) has published a report on financial record keeping for Scottish charities, drawing on findings...

Question of the week: The following questions concern the proposed changes to the UK inheritance tax rules for pensions which will come into effect in April 2027. Will sums left by Will to a charity from a pension nomination count towards the minimum 10% threshold required for the 36% rate of inheritance tax to apply?; Is there a benefit to the Will stating that the charitable contribution be paid from the pension rather than the residuary estate?

Question of the week: The following questions concern the proposed changes to the UK inheritance tax rules for pensions which will come into effect in April 2027. Will sums left by Will to a charity from a pension nomination count towards the minimum 10% threshold required for the 36% rate of inheritance tax to apply?; Is there a benefit to the Will stating that the charitable contribution be paid from the pension rather than the residuary estate?

This Q&A considers the proposed changes to the UK inheritance tax (IHT) rules for pensions, scheduled to take effect in April 2027. It considers...

Featured Private Client content

Nature and classification of trusts—the three certainties

Nature and classification of trusts—the three certainties

Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...

Protectors

Protectors

ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...

Preparing the application form PA1P/PA1A for probate or letters of administration

Preparing the application form PA1P/PA1A for probate or letters of administration

Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...

Administration actions—personal representatives and the deceased's liabilities

Administration actions—personal representatives and the deceased's liabilities

Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...

Precedents

Loan agreement—individuals

Loan agreement—individualsDATE:Parties1[[name] of [address] [and [name] of [address]] OR [name] and [name] both of [address]] (Lender[s])2[[name] of...
Read More >
2nd Jun
Practice notes

The Cy-près doctrine

The Cy-près doctrineFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a...
Read More >
30th May
Practice notes

Trustees—appointment of trustees

Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
Read More >
2nd Jun
tag iconIn-house
Practice notes

Death in service benefits

Death in service benefitsOverview of the types of death in service benefits and their tax treatmentThere are three types of death in service...
Read More >
Produced in partnership with Eleanor Walsh, Lily Hurley and Emily Cook of Sinclair Gibson LLP
30th May
Practice notes

Assent of assets by personal representatives

Assent of assets by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in any way that would also be...
Read More >
2nd Jun
Q&As

A trust holds the beneficial ownership of shares in a company of which one trustee is a director. Of the three beneficiaries, two are adults and there is a declaration of trust in respect of the shares held for them. The other is a minor and there is a separate declaration of trust for him. What would or should happen to the company shares on the death of a beneficiary? Neither declaration of trust deals with this issue.

A trust holds the beneficial ownership of shares in a company of which one trustee is a director. Of the three beneficiaries, two are adults and there...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
13th Oct
Practice notes

Intermeddling in an estate

Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
Read More >
Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes
2nd Jun
Practice notes

Termination of trusts—methods of termination

Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
Read More >
2nd Jun
Practice notes

Trusts as a vehicle for holding company shares

Trusts as a vehicle for holding company sharesIntroductionMany trusts own shares as part of a portfolio of investments. This Practice Note looks at...
Read More >
2nd Jun
Practice notes

Benevolent funds

Benevolent fundsFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a staggered...
Read More >
30th May
Practice notes

Creation of trusts—life insurance trusts

Creation of trusts—life insurance trustsDefining life insurance trustsA life insurance trust usually involves either:•an assignment of an insurance...
Read More >
30th May
Practice notes

Lifetime gifts

Lifetime giftsA lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In...
Read More >
2nd Jun
Practice notes

Source of income (and private client)

Source of income (and private client)When advising an individual on cross-border or offshore tax planning, it is important to establish the 'source'...
Read More >
2nd Jun
Practice notes

Liferent trusts—Scotland

Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
Read More >
Produced in partnership with Pete Murrin of Turcan Connell
13th Oct
tag iconScottish Law
Q&As

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?This Q&A explains when it is...
Read More >
Produced in partnership with Emma Holland of Stewarts Law
13th Oct
Practice notes

Advantages and disadvantages of an offshore trust

Advantages and disadvantages of an offshore trustAn offshore trust is a trust where the trustees are resident in a low or zero tax jurisdiction....
Read More >
Produced in partnership with Mourant Ozannes
13th Oct

Popular documents

Constructive trusts

Constructive trustsThis Practice Note covers constructive trusts, which represent one of the three types of trust that do not require to be declared or evidenced in writing—the others being resulting trusts and implied trusts, although it is doubtful whether there is any form of implied trust which

Is a deed of appointment always required when appointing capital out of a discretionary trust?

Is a deed of appointment always required when appointing capital out of a discretionary trust?Generally, a deed of appointment is not always necessary when appointing capital out of a discretionary trust. Needless to say that is not the end of the matter. Appointment of capital from a discretionary

There must be at least two acting trustees to give a valid receipt for the sale proceeds of trust owned

There must be at least two acting trustees to give a valid receipt for the sale proceeds of trust owned land. Where there is only one trustee, common practice is to appoint a second trustee on panel 11 of Form TR1 specifically for the purpose of giving valid receipt for the purchase monies. Provided

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some point