Testamentary trusts cover trusts created by a person’s will that take effect after their death. A solicitor practicing in this area drafts, reviews and refines the will to set up the trust, appoints or executors and trustees, defines who benefits and how distributions are made, and sets any powers or restrictions on trustees. They also help with registering the trust for tax purposes, advise on IHT and other taxes, and handle the arrival of assets into the trust on death, liaising with executors and beneficiaries throughout the process.
Why this work is usually handled by a solicitor
A testamentary trust is created by a will and managed by trustees after death. A solicitor provides professional oversight, ensures the trust terms are clear and enforceable, coordinates the transfer of assets into the trust, addresses tax implications, and handles regulatory requirements such as safeguarding client funds and reporting to the appropriate tax authorities.
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