Trusts in wills

Last reviewed 18 August 2026

A trust is simply a way of holding property for someone rather than giving it to them outright, and in a will it can solve problems that a straight gift cannot.

The common types

A life-interest (or interest-in-possession) trust lets a person — often a surviving spouse — benefit from an asset during their life, with it passing to others (usually children) afterwards; useful for second marriages. A discretionary trust gives trustees flexibility over who benefits and when, helpful for young or vulnerable beneficiaries. A bare trust holds a gift for a child until they come of age. Each carries its own tax treatment.

Why take advice

Trusts are powerful but technical, with their own inheritance-tax and income-tax rules and continuing administration. They are not for a homemade will. If a trust might suit your circumstances — protecting a partner, providing for a disabled child, or shielding a young beneficiary — a solicitor should draft it. Done well, a trust is a fine tool; done badly, an expensive tangle.

Sources. GOV.UK, Trusts and taxes; general law on will trusts (life-interest, discretionary, bare). Technical detail to be confirmed with a solicitor at build.