Living Trusts, or inter vivos trusts, cover arrangements made during a person’s lifetime to hold assets for beneficiaries. A solicitor drafts the trust deed, advises on funding the trust with assets, and sets out the powers and duties of trustees, including who can manage the trust and when benefits are paid. They assist with ongoing administration, tax considerations, and potential implied debts or claims against the trust. If the settlor becomes unable to manage affairs, they guide succession and lifetime succession planning within the trust structure.
What a solicitor handles in these matters
The solicitor handles the technical mechanics of setting up the trust, naming trustees, funding with assets, and addressing tax implications, including inheritance tax and income tax. They also manage ongoing administration, distributions to beneficiaries, and potential changes to trust terms, ensuring compliance with the Trusts of Land and Appointment of Trustees Act 1996 where applicable and with relevant reporting requirements.
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