This guidance note explains what the settlor should consider when setting up a trust so that they are able to give instructions to a lawyer to achieve their objectives. A checklist is available to guide the settlor in these considerations. See Checklist ― obtaining information for the settlement of a trust.

This guidance note is designed to give outline and background for accountants and tax advisers who deal with clients establishing trusts. It is not targeted at lawyers.

This guidance note deals with the position in England and Wales only. See Simon’s Taxes I5.8 for details of the provisions affecting Scotland and Northern Ireland.

See the What is a trust? guidance note for descriptions of the various parties to a trust.

The guidance note covers inheritance tax, income tax and capital gains tax. Other taxes may be applicable, in particular stamp duty land tax (land and buildings transaction tax in Scotland and land transaction tax in Wales) if the trust is to hold UK real estate.

The guidance note focuses on the