What Is a Will Trust?

A will trust is a trust that only comes into existence once you have died and your will takes effect, rather than one you set up and run during your lifetime. This guide looks at what a will trust actually is, the situations where families tend to use one, and how it sits alongside the rest of your will.

How a will trust differs from a lifetime trust

A lifetime trust starts working as soon as it is set up and funded, which is why it needs its own deed and its own decisions about registration and tax from day one. A will trust, by contrast, has no effect at all while you are alive; it is simply wording within your will that only begins operating once your estate is administered, at which point the trustees you named take on responsibility for whatever assets have been placed into it. From then on the trust has duties of its own, such as keeping proper records, filing trust tax returns and, in most cases, registering with the Trust Registration Service if it is still running two years after the death. Many will trusts are discretionary in structure once they start, so it is worth reading our guide on how a discretionary trust works alongside this one if that is the direction you are considering.

Common reasons families use one

A will trust can hold a child's inheritance until an age you consider sensible, rather than your child receiving it outright at eighteen, which is what happens without a trust. It is also used to provide for a beneficiary who is vulnerable or not well placed to manage a lump sum, to protect assets for children from a previous relationship in a blended family, or to give a surviving spouse the right to live in the family home while ultimately preserving it for the children, an arrangement covered in more detail in our guide on life interest trusts in your will.

How it sits within the rest of your will

The trust wording forms part of your will itself, so your executors, who may also be your trustees, work from that single document once you have died rather than a second, separate deed. A letter of wishes can sit alongside the will to guide the trustees on how they should approach decisions, without being legally binding on them. Because the trust only takes effect once your will does, our guide on making a will is worth reading first if you have not yet put a will in place at all, since a will trust cannot exist without one.

Is a will trust right for your circumstances

A will trust tends to suit people who want more protection than a simple, outright gift on death, particularly where a beneficiary is young, vulnerable or part of a more complex family structure. It is also worth thinking about alongside the wider tax picture; our guide on the trust and tax implications of your will covers how a will trust interacts with inheritance tax once it is up and running. Advice from our trusts and tax team can confirm whether a will trust fits your circumstances, or whether a more straightforward gift would do the job just as well.

Frequently Asked Questions

When does a will trust actually take effect?

Only after you die and your will is put into action; until then it has no impact at all on how you hold or use your own assets, unlike a trust set up during your lifetime.

Can a will trust protect children from an earlier relationship?

Yes, this is one of the most common reasons families use one, making sure children from a previous relationship are provided for alongside a surviving spouse or partner rather than being left dependent on that spouse's own will.

Do I need a will trust and a separate trust deed?

No, a will trust is created within your will itself rather than as a separate document, so a valid will is all that is needed for it to come into existence once you have died.

How Roche Legal Can Help

If you think a will trust might suit your circumstances, book a discovery call with our trusts and tax team.

Roche Legal is a firm of solicitors in England and Wales, and the information on our website is based on the law here. We regularly advise on estates with assets, beneficiaries or family overseas, so please do get in touch if that's your situation.