Trust advice

Trust advice: Protecting your assets & loved ones

Setting up a trust fund is one of the most effective ways to safeguard your assets and provide for those who matter most. Whether you’re ensuring lifelong care for a vulnerable loved one, protecting your family’s inheritance, or making arrangements for business assets, getting the legal details right is crucial.

Key reasons to set up a trust fund

When it comes to securing your financial legacy or safeguarding the future of your loved ones, trusts offer an unparalleled level of flexibility and protection. Here are some of the most common reasons to set up a trust fund:

Protecting vulnerable loved ones

If you have a child or family member with physical or mental disabilities, a trust can provide the security and care they need long after you’re gone. By setting up a trust, you can ensure:

  • Funds are used specifically for their benefit, including living expenses, healthcare, or specialist care.
  • A trusted individual or professional acts as a trustee to manage and distribute the assets in their best interests.
  • Your loved one retains access to means-tested benefits where necessary, as trusts can be structured to avoid impacting eligibility.

Safeguarding assets from risks

Life is unpredictable, but a trust can help protect your hard-earned assets from:

  • Bankruptcy: If you or your beneficiaries face financial difficulties, a properly established trust can shield assets from creditors.
  • Divorce or relationship breakdown: Trusts can ring-fence family wealth, ensuring it remains for your children or grandchildren rather than being subject to marital disputes.
  • Unexpected circumstances: From legal claims to business liabilities, a trust acts as a financial safety net.

Preserving inheritance for future generations

A trust fund is a thoughtful way to provide for your children or grandchildren while controlling how and when they receive their inheritance. Trusts can:

  • Allocate funds for specific uses, such as paying for education, weddings, or first homes.
  • Stagger distributions over time to encourage financial responsibility.
  • Protect family wealth from being used in ways you may not intend, offering peace of mind that your legacy is managed wisely.

Managing business assets with special arrangements

For business owners, trusts provide an excellent solution for succession planning or managing company assets. Benefits include:

  • Ensuring continuity of the business in the event of your passing.
  • Reducing potential tax liabilities for your heirs.
  • Providing a framework for distributing business income or ownership shares to family members while retaining control.

Setting up a trust fund tailored to your goals requires expert guidance. At Anthony Gold Solicitors, we understand the intricacies of trust law and provide bespoke solutions to meet your needs. Whether you want to protect loved ones, safeguard assets, or plan for future generations, we’ll ensure your trust is structured for maximum effectiveness.

 

Our trust services

At Anthony Gold Solicitors, we provide a comprehensive range of trust-related services designed to meet your needs, no matter how straightforward or complex. From setting up trusts to ongoing management, our experts ensure everything is handled with precision and care.

Setting up a trust fund

Whether you’re safeguarding assets or planning for your family’s future, we can guide you through every stage of setting up a trust. This includes:

  • Advising on the most suitable type of trust for your needs (e.g., discretionary, bare, or interest in possession trusts).
  • Drafting trust deeds with legally precise language to reflect your wishes.
  • Helping you appoint reliable trustees to manage the trust responsibly.

Administering trusts

The ongoing management of a trust can be complex, particularly for trustees unfamiliar with their legal obligations. We assist with:

  • Ensuring trustees comply with their legal duties, including record-keeping and reporting.
  • Advising on the distribution of assets to beneficiaries.
  • Providing guidance on resolving disputes or misunderstandings between trustees and beneficiaries.

Dissolving trusts

When a trust has served its purpose or needs to be brought to an end, our solicitors can:

  • Ensure the trust is wound up in accordance with its terms.
  • Advise on the distribution of remaining assets.
  • Manage tax and compliance requirements to avoid penalties.

Tax planning & compliance

Trusts often come with complex tax considerations. We offer expert advice to help you navigate:

  • Inheritance Tax implications and strategies to minimise liabilities.
  • Capital Gains Tax on trust assets.
  • Income Tax reporting for trustees and beneficiaries.

Words from our clients

Since taking over my case I cannot praise Umar enough. He is not only incredibly efficient but very friendly and was always keen to know what I and the other Trustees wanted. I only wish he had taken over earlier. I recommend him in the strongest possible terms.

Wills, Trusts and Estates Client

Trustworthy delivery and service. Thorough in execution and demonstrated empathy towards our needs. Efficient, very reactive and clear communication, always taking into account my concerns.

Wills, Trusts and Estates Client

Umar is an asset to the firm. He is a very professional, honest and supportive solicitor. Very prompt in his service. Several positive experiences with Umar has led me and my family to recommend Anthony Gold to several people.

Wills, Trusts and Estates Client

Why You need a specialist solicitor for trust advice

Creating a trust fund is not just about securing your wealth – it’s about ensuring every legal detail is handled with precision. Trusts are complex legal arrangements, and even minor errors in drafting or execution can lead to disputes, tax inefficiencies, or the trust failing to achieve its intended purpose. This is why working with a specialist solicitor is essential.

Avoiding common pitfalls in trust setup

A poorly drafted trust document can have serious consequences, including:

  • Ambiguous language leading to disagreements among beneficiaries or trustees.
  • Mismanagement of assets due to unclear instructions.
  • Unintended tax liabilities that could reduce the value of the trust.

Our team ensures that every aspect of your trust is carefully worded and tailored to meet your objectives.

Personalised advice for your unique situation

No two trusts are the same, and a one-size-fits-all approach won’t work. A specialist solicitor takes the time to:

  • Understand your goals, whether it’s protecting a vulnerable loved one or safeguarding business assets.
  • Recommend the right type of trust (e.g., discretionary, bare, or interest in possession trusts).
  • Ensure the trust is structured to align with your family’s needs and circumstances.

Ensuring tax efficiency

Trusts often have complex tax rules, including potential liabilities for Inheritance Tax, Capital Gains Tax, and Income Tax. A specialist solicitor can:

  • Advise on structuring your trust to minimise tax burdens.
  • Explain how different types of trusts are taxed and their implications for you and your beneficiaries.
  • Work with financial advisors or tax specialists to provide a comprehensive solution.

Ongoing support for trust administration

Setting up a trust is only the first step. Proper administration is key to ensuring the trust continues to function as intended. Our solicitors can assist with:

  • Appointing and guiding trustees to carry out their duties responsibly.
  • Handling disputes or questions from beneficiaries.
  • Ensuring the trust complies with ongoing legal and tax obligations.

Speak to the team today

Trust Advice: FAQs

What is a trust fund, and how does it work in the UK?

A trust fund is a legal arrangement where assets, such as money, property, or investments, are held by trustees on behalf of beneficiaries. The settlor (the person setting up the trust) determines how and when the assets are distributed. Trusts can be used for various purposes, including protecting assets, providing for vulnerable individuals, and ensuring inheritances are managed responsibly.

Who can set up a trust fund?

Anyone with assets they wish to protect or distribute can set up a trust fund. This includes individuals, families, or business owners. The process involves appointing trustees, drafting a trust deed, and transferring assets into the trust. It’s recommended to consult a solicitor to ensure the trust is properly structured and legally binding.

What are the different types of trusts available in the UK?

There are several types of trusts, including discretionary trusts, bare trusts, interest in possession trusts, and charitable trusts. Each type serves a different purpose, such as providing flexibility in asset distribution, ensuring immediate access for beneficiaries, or supporting charitable causes. A solicitor can help you understand which trust best suits your needs.

How do I choose the right type of trust for my needs?

Choosing the right trust depends on your goals, such as protecting vulnerable loved ones, safeguarding assets, or managing business interests. Factors like tax implications, the level of control you want, and the needs of beneficiaries will influence your decision. Specialist legal advice is essential to tailor the trust to your circumstances.

What is the role of a trustee, and who can be one?

A trustee manages the trust’s assets and ensures they are used in accordance with the trust deed. Trustees can be individuals, professionals, or companies. They must act in the best interests of the beneficiaries, making decisions responsibly and complying with legal obligations. It’s crucial to choose trustworthy and capable individuals for this role.