Trusts | Jan Cook Wills and Trusts

WHAT IS A TRUST?

A Trust is a simple arrangement which ensures that any assets you leave to loved ones (your beneficiaries) are looked after on your behalf once you are no longer here to look after them yourself. The assets would be protected and looked after in a particular way for the benefit of your ‘beneficiaries’.

The Trust would be created by you, the ‘settlor’, where you would also be required to appoint ‘trustees’ to help you look after the Trust. The trustees are legally bound to look after the property of the Trust in a particular way and for a particular purpose.

You then entrust your assets to the trustees for the benefit of your ‘beneficiaries’. These assets are normally put into the Trust when it is created but can also be added at a later date. The assets can include:

Money
Investments
Land or buildings
Other assets, such as paintings

It’s a common misconception that trustees and beneficiaries cannot be the same person or people; they can!

WHY USE A TRUST?

When assets are distributed to beneficiaries ‘absolutely’, ie they receive cash, property or other assets as a direct lump sum payment, so much can be lost. These assets are then considered to be part of the beneficiary’s estate and without the protection of a Trust would be at risk of attack from:

Care Fees
Marriage After Death
Divorce or Separation Settlements
Creditors or Bankruptcy claims
Taxation

This is assuming that there is anything left to leave to their children/grandchildren anyway! Unfortunately, the costs involved in moving into a care home can literally wipe out entire savings and the home may have to be sold to cover the fees.

When someone enters care they are automatically “means tested” and ALL of their assets, including the family home are taken into account. Only those who have very few assets will escape the costs of care.

With the strategic use of Trusts, we can ensure that your children and grandchildren, or other chosen beneficiaries, are able to benefit completely from the inheritance you want them to receive.

Using the correct Trusts, and other associated strategies, can provide the protection and control for a multitude of assets from those risks noted above. This protection can include the family home, other properties, investment products and liquid assets, Life Assurance, Pension Death Benefits and business assets.