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This work covers the creation and ongoing administration of lifetime trusts and the trusts that arise when someone dies, including handling the transfer of assets into a trust, drafting the trust deed, managing trustees, and administering the estate or trust in line with the terms set out by the settlor or the will. A solicitor in this area drafts and reviews trust documents, advises on tax and funding of the trust, liaises with executors and beneficiaries, and, on death, oversees probate matters and the distribution of assets according to the trust or will. The work is shaped by the terms of the trust or will, UK tax rules, and the responsibilities of trustees and executors.
The solicitor ensures that the trust is valid and properly funded, that trustees understand and follow the trust terms, and that distributions and reporting are carried out in accordance with applicable law and the trust document. They provide guidance on tax issues (including inheritance tax and ongoing income tax), safeguard the interests of beneficiaries, maintain proper accounts, and handle any disputes or changes in trusteeship, all within regulatory and fiduciary standards designed to protect the client’s position and the integrity of the trust.
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