Trusts in Your Will
Understanding the trusts your will can create to protect the people who matter to you.
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What Is a Trust?
A trust is a legal arrangement where someone you appoint, a trustee, looks after part of your estate on behalf of a beneficiary, rather than handing it to them outright. The trustee manages the assets and releases them according to the rules you set out in your will.
Why a Trust Might Help
- A beneficiary is too young: assets are held until they reach an age you choose
- A beneficiary is vulnerable: a trustee manages money on their behalf
- You want to provide for someone for life: then pass the assets on to others afterwards
- You want flexibility: trustees decide how and when to distribute
You may already be creating one
When you mark a residuary beneficiary for protection in Step 5.1, you are describing a trust. The will builder recognises that choice and shows it back to you below, so you do not have to set everything up twice.
Trusts Identified From Your Choices
In the residuary section of Step 5.1 you can mark a beneficiary for protection (for example, minor protection or a life interest). Each protection you choose is a trust. The will builder reads those choices and lists the trusts it has identified at the top of the trust roster, naming the beneficiary for each one.
What This Means for You
- No re-entry: people you have already flagged are carried straight into the roster
- Only the relevant roles appear: the roster shows the trust roles that match your choices, plus trustees
- You stay in control: you can still add, edit, or remove anyone the builder suggests
Worked Examples
Protection for a Minor
You leave a share of your estate to a grandchild who is twelve. A minor's protective trust holds their share until they reach an age you choose (often eighteen or twenty-one), with a trustee managing it in the meantime.
Protection for a Vulnerable or Disabled Beneficiary
You provide for a relative who receives means-tested support. A protective trust lets a trustee manage their share, which may help preserve their eligibility for that support rather than a lump sum affecting it.
A Life Interest
You want your partner to live in your home and receive income from your investments for the rest of their life, after which everything passes to your children. A life interest gives your partner the benefit during their lifetime, then the assets move on as you direct.
Flexible (Discretionary) Distribution
You are not sure exactly how much each person will need in future. A discretionary trust lets your trustees decide how and when to share out the estate among the people you name, guided by any wishes you leave them.
Protection From Creditors
A beneficiary has financial difficulties. A protective trust can shelter their inheritance so a trustee manages it on their behalf, rather than it being exposed directly to their creditors.
A note on advice
These examples are general information, not legal or tax advice, and the rules vary between jurisdictions. The outcome in your case may differ. Consult a qualified professional about your circumstances. Every will on Orchard72 is reviewed by an independent qualified will writer or solicitor of your choice before it can be finalised.
When You Might Need a Trust
Some situations more commonly lead people to think about a trust or to ask their solicitor to take a closer look. In Step 5.1 you can flag any of these areas for the qualified professional who reviews your will, so they know what matters to you. The examples below are general illustrations, not advice. Whether a trust helps in your case depends on your circumstances.
Divorce or Matrimonial Protection
You worry that a child's divorce or separation could affect what you leave them. You may wish to ask your solicitor whether any protective arrangement could keep an inheritance within your family, depending on what is appropriate for your situation.
Inheritance Tax and Estate Planning
Your estate is larger or more complex, and you want to understand how inheritance tax or wider estate-planning considerations might apply. These rules can be involved and depend on your individual position, so you may want a qualified professional to look at it with you.
Creditor or Bankruptcy Protection
A beneficiary faces financial difficulty, and you would rather their inheritance was managed for them than exposed directly to creditors. You may wish to raise this with your solicitor, who can explain whether any protective structure could suit your circumstances.
Business Succession and Foreign Assets
Your estate includes a business interest or assets held abroad. Cross-border and business-succession matters can be complex, so you may want specialist advice on how these are best dealt with alongside any trust.
Flagging these for your solicitor
Choosing one of these areas in Step 5.1 does not change your will on its own. It simply tells the qualified will writer or solicitor reviewing your will what you would like them to consider. They remain general areas to discuss, not legal or tax advice, and the right answer for you depends on your own circumstances.
What Each Trust Roster Collects
The trust roster groups the people involved in your trusts into five short lists. You only see the lists that apply to the trusts you have identified, plus trustees.
- Trustees: the people who will manage your trusts, their relationship to you, and whether they are acting professionally. Every trust needs at least one
- Protected beneficiaries: anyone receiving through a protective trust because they are a minor, a vulnerable adult, or a disabled person, and why
- Remainder beneficiaries: who receives anything left in the trust once the protected beneficiary's interest ends. This list is optional, so you can leave it empty and still complete the step
- Life tenants: anyone you are giving a life interest to, and the form it takes (such as income only or a right to live in a property)
- Incapacitated heirs: an heir who cannot receive directly, such as a minor or someone who lacks capacity, together with the guardian acting for them
Why we only show some lists
Showing every list to everyone would ask you for roles you do not need. The roster keeps things short by hiding lists that do not match your protection choices, while always keeping trustees available.
Where to Go Next
Trusts work alongside the rest of your allocation. You may also find these guides useful:
- Specific gifts (opens in a new tab): how to leave named assets to particular people
- Executor powers (opens in a new tab): what the people administering your estate can do
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