Do I Need a Trust?

12 February, 2026 3 minutes reading time

In the legal world, there’s a common saying: “A Will is for the deceased, but a Trust is for the living.” If you followed our advice earlier this year, you likely feel better about making a Will. It provides the crucial foundation to ensure your estate is managed according to your wishes, rather than defaulting to impersonal intestacy laws.

However, a Will has its limitations. It is essentially a one-off directive that takes effect only after your death. Many clients ask us a deeper question: Is a Will enough, or do I need a trust?

Limitations of a Will

Once probate is granted, a Will becomes public, allowing anyone to access estate details for a fee, see your assets and beneficiaries. Furthermore, it offers limited protection if beneficiaries face challenges such as divorce, financial difficulties, or means-tested benefits.

This is where a trust can make a difference. Think of a trust as a protective vehicle. While a Will is like a set of instructions, a trust moves your assets out of your personal estate and into the care of trustees. It’s not just about giving a gift; it’s about creating a legacy with a built-in safety net.

Probate Privacy & Speed

One advantage of setting up a Trust is its speed. The probate processes can be slow, often delaying families from accessing funds for months. Since assets in a Trust are owned by the Trustees, they can provide immediate access to the needed resources, which is especially helpful during times of emotional stress. 

Your Property

Many consider their home their most valuable asset, yet it can be at risk. One issue is “sideways disinheritance,” where a surviving spouse remarries, and the home passes to the new partner’s family rather than the children. A property protection trust, for example, can provide a compassionate solution, allowing the survivor to stay in the home for life while safeguarding the capital for the children. It balances the survivor’s needs with the wish to remember the children. As the saying goes, “I want you to be looked after, but I want our children to be remembered.”

Deprivation of Assets

When discussing trusts, the conversation often turns to care home fees. You might have heard of “Deprivation of Assets“. This rule allows Local Authorities to disregard a gift if it appears to be made to avoid care costs. Be aware! Transferring assets into a Trust while you’re healthy and not expecting care is generally a wise estate planning strategy. However, doing so when care is already needed can backfire. A Trust should primarily offer strong protection—such as preventing inheritance disputes or shielding vulnerable heirs. It should not simply try to outsmart the system.

Our Advice

Staying grounded is key. Trusts aren’t always necessary; they involve initial costs. Furthermore, from 2026, many must be registered with HMRC’s Trust Registration Service (TRS). If your estate is simple and within the Inheritance Tax thresholds, a carefully drafted Will might suffice.

However, if you have a larger estate, a blended family, or need to safeguard a vulnerable loved one, a trust becomes a vital tool. It moves your focus from asset distribution to protection. Please don’t hesitate to contact us for more information or advice. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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