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Will trusts

Produced by Tolley in association with
Trusts and Inheritance Tax
Guidance

Will trusts

Produced by Tolley in association with
Trusts and Inheritance Tax
Guidance
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Introduction

Trusts are not confined to lifetime arrangements. A trust can arise on death under the terms of a Will. It is much more common, in fact, for people to have a trust in their Will than make a trust in their lifetime.

A client making his Will (known as the ‘testator’ in the case of a man and ‘testatrix’ in the case of a woman) needs to think firstly about who his beneficiaries are to be. Next, the testator must choose between making outright gifts and leaving his property in trust.

Trusts are much more flexible than outright gifts. This flexibility can be especially useful in a Will given that it does not usually take effect straight away and might not come into effect for many years. The testator cannot anticipate precisely what his family and financial circumstances will be at the time of his death. Similarly, the future financial and personal position of the beneficiaries is uncertain at the time the Will is made.

A trust (in its most flexible

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Emma Haley
Emma Haley

Associate at Boodle Hatfield LLP 


Emma Haley is a senior associate solicitor at leading private client firm, Boodle Hatfield LLP, renowned for providing first-class and practical legal advice to wealthy clients around the world. Emma has many years experience in dealing with all aspects of wills, probate, capital taxation and succession planning as well as UK and offshore trusts. Emma currently heads up a technical know-how team and is a regular writer and lecturer on estate planning and inheritance tax and also a member of the Society of Trust and Estate Practitioners.

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  • 14 Sep 2022 10:01

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