Creating a Will trust

Will trusts of a discretionary nature will be subject to the relevant property regime. Any wording in the terms which gives the trustees discretion over the payment of income, or the power to accumulate income will create a relevant property trust with the potential tax consequences of principal and exit charges throughout its life. See the Relevant property and following guidance notes.

The following three forms of trust established under a Will are not subject to the relevant property regime:

These are interest in possession trusts, typically conferring a life interest, but the iip could end on another occasion such as re-marriage. The interest of the beneficiary must commence on the death of the testator, although there is no objection if the life tenant’s interest commences after a survivorship period, eg 30 days. See the Qualifying interest in possession guidance note.

These trusts can only benefit a child of the testator under the age of 18. The child must have the right to receive the capital at age 18. Note the bereaved minor cannot be a grandchild of the testator, but can include stepchildren if at least one of the parents has died.

See the Trusts for bereaved minors guidance note.

These trusts must be set up under the Will of a parent. The trust must provide that both capital and