Bolt Burdon’s comprehensive trust services can assist both those wanting to create a trust and those acting as Trustees.
There are many reasons to create a trust. These include:
- As part of effective Inheritance Tax planning
- To avoid the complications of estate administration on death
- To prevent Wills and Probate disputes
- To protect your intended beneficiaries from inheriting too early, coercion or losing assets on divorce or bankruptcy
- To provide for your children’s education
- For charitable purposes
Trust Creation and Registration Service
Our service starts with a meeting in order to determine your requirements.
During this meeting we will identify the type of trust that is most suitable for your needs. This will depend on numerous factors and in making this decision we will guide you through all the implications.
We will also help to identify suitable trustees to manage the funds put into trust.
Following this we will draft the trust document and send to you for approval with detailed explanatory notes.
We will then meet with you again to ensure the trust is correctly executed and then assist with transferring assets into the trust.
Next we will register the trust with HMRC and pay any tax that may be due on creation.
Finally where necessary we will arrange a meeting with you and one of our network of financial advisors to ensure the assets of the trust are suitably invested.
We offer a fixed fee for the above service dependent on the type of trust required.
We also offer an ongoing trust administration service:
Our team is well versed in all aspects of the administration of trusts and will always assess the tax consequences of any proposed transaction before proceeding with the trustees’ instructions.
We will complete the necessary annual trust tax return and prepare annual trust accounts.
We will also ensure that trustees do not unwittingly fall foul of the duties and responsibilities set down in various statutes including those in relation to investment in the Trustee Act 2000 among others.
We have a network of accountants and financial advisors to which we can direct trustees for all non-legal advice.
Ongoing routine trust administration, including completing the Trust tax returns and preparation of accounts, is again charged on a fixed annual fee agreed in advance with only unforeseen and additional work charged for separately.
If you would like to discuss the above and for a fixed cost quotation for assisting with your trust please email us.
What is a trust?
A trust is an obligation binding a trustee (which can be an individual or a company) to deal with assets – such as land, money, shares or even antiques – for the benefit of one or more ‘beneficiaries’.
The people who run the trust, and in certain circumstances make decisions about how the assets in the trust are to be used, are known as ‘trustees’.
Trustees carry out the wishes of the person who has put assets into the trust. This person is known as the ‘settlor’.
The settlor’s intentions for the trust are usually expressed in a legal document called a ‘trust deed’ or in their Will.
What is the purpose of a trust?
UK family trusts may offer a means for people to pass their wealth on to other people they have chosen. As such, they may be used to control and protect family assets.
If a Will establishes a trust, this may allow people to pass on their assets in accordance with their wishes when they die.
A trust might be created in various circumstances:
- when someone is too young to handle their affairs
- when someone can’t handle their affairs because they are incapacitated
- to pass on money or property while you are still alive
- under the terms of a Will – referred to as a ‘Will Trust’
- according to the rules of intestacy, when someone dies without leaving a Will (England and Wales only)
There are other types of ‘non-family’ trusts. These are set up for a variety of reasons, for example to operate as a charity, or to provide a means for employers to create a pension scheme for their staff.
Trusts are incredibly flexible and can achieve a wide spectrum of goals during your lifetime and on death from tax saving to ring-fencing assets.
Types of Trust
The main types of trust include: