What is a Trust? Your 3 Step Guide to understanding trusts in 2026

What is a Trust? 3 step guide - image with tax and trust as thoughts in your head

1. I get asked this all the time – what is a trust and can it save tax?

In simple terms!

Trusts are legal arrangements where a person places assets (money, property, investments) into a separate legal thing – a trust – to manage for beneficiaries, often set out in a trust deed or a will. Every knows what a company is, but there are other and better kinds of trusts which may help you in these tough times.

For example – in a company, the directors are trustees of the company’s assets and liabilities, and they owe a duty to the shareholders who are beneficiaries and more generally to people dealing with the company, like creditors, clients or customers.

HOWEVER trusts governed by laws like the Trustee Act 2000 and the Trusts of Land and Appointment of Trustee Act or the Trustees Act 1925, trusts are powerful tools for estate planning, protecting assets, and tax efficiency—particularly reducing Inheritance Tax (IHT) at 40% above thresholds, Capital Gains Tax (CGT), and Income Tax.

As of 2026, the IHT nil-rate band remains frozen at £325,000 per person (£650,000 for couples, transferable), with an additional residence nil-rate band of £175,000 (£350,000 for couples) when passing a home to direct descendants (tapered for estates over £2 million).

2. Different kinds of trusts

There are lots of different types of trust, too many to list entirely. Examples are listed below. If you are new to trusts then you’re going to need help and advice to work out how to use them effectively – get in touch by clicking here

2.1 Bare Trust

The simplest. Trustees hold assets, but beneficiaries (e.g., children or grandchildren) have absolute rights to capital and income at age 18. Assets are treated as the beneficiary’s for tax. Planning benefits: Perfect for direct gifting—assets exit the settlor’s estate immediately as a Potentially Exempt Transfer (PET). No IHT if the settlor survives 7 years; uses the nil-rate band if needed. Ideal for parents/grandparents funding education or homes while minimising IHT.

2.2 Interest in Possession Trust

A beneficiary (life tenant, e.g., surviving spouse) gets all income (e.g., dividends, rent), but capital passes to others (remaindermen, e.g., children) on their death. Planning benefits: Common in wills for second marriages—spouse enjoys lifetime income, children get capital intact. Spousal transfers are IHT-exempt; helps defer CGT on trust asset sales.

2.3 Discretionary Trust

This is one that is most commonly thought of when people think you can reduce or avoid tax. Trustees have full discretion over distributions of income/capital to a class (e.g., children/grandchildren). No fixed rights. Planning benefits: Excellent flexibility—protects assets from beneficiaries’ divorce, bankruptcy, or poor decisions. For tax: Lifetime gifts are Chargeable Lifetime Transfers (CLTs)—no immediate 20% IHT if within nil-rate band; survives 7 years to escape estate IHT. Subject to up to 6% periodic (10-year anniversary) and exit charges on excess over nil-rate band. Allows “generation skipping” to reduce overall family IHT; distributions can go to lower-rate taxpayers. Click here to see how a discretionary trust could be used to mitigate risks like social care costs

2.4 Accumulation Trust

Trustees can accumulate income as capital for growth. Planning benefits: Builds funds for future needs (e.g., minors’ university); defers Income Tax until distribution, potentially at beneficiaries’ lower rates.

2.5 Mixed Trust

Combines elements (e.g., part fixed income, part discretionary). Planning benefits: Tailored for complex families—balances security with flexibility and targeted tax reliefs.

2.6 Vulnerable Person Trust

For disabled or bereaved minors; qualifies for special rules. Planning benefits: Income/CGT taxed at beneficiary’s rates (often lower); protects while minimising tax.

2.7 Charitable Trust

For public benefits (e.g., education, relief). Planning benefits: Fully exempt from IHT, CGT, and most Income Tax; donors get reliefs—ideal for philanthropy with major savings. One overlooked aspect of charities is that they are not permitted to expose trust assets to trading risks e.g. the can’t buy and sell stuff to make a profit (makes you think as they all seem to do this!)

2.8 Pension Trusts

Hold retirement funds. Planning benefits: Tax-relieved contributions, growth tax-free; often IHT-exempt on death if discretionary. Something of a sensitive issue in 2026!

2.9 Implied trusts

A court or a judge can ‘imply’ a trust to correct an unfairness or legal wrong e.g. receiving money by mistake – this makes you a trustee of the money and you hold it for the benefit of it’s true owner, it is implied that you ought to return the money to the true owner.

Trusts can remove assets from estates (reducing IHT exposure), enable controlled inheritance, protect vulnerable people, and shift tax to lower-rate family members. Anti-avoidance rules apply (e.g., settlor-interested trusts taxed harshly). Professional advice is crucial—rules are intricate, with reporting requirements and potential penalties.(Word count: 748)

3. Other common forms of trusts –

Joint ownership of property – joint tenants or tenants in common, executors of an estate with Probate or Intestacy grants, or a person selling a property to a buyer – the seller holds the property on trust for the buyer until the transfer is registered at the land registry.

Free legal advice – Alternatives to Legal Aid in 2026

Image of robot solicitor holding a hologram brief case= free legal advice - yes or no
RoboSolicitor working at Conveyancing Limited – generated by Grok for demonstration

Yes, albeit in a limited and different ways….

  1. Citizens advice – can actually be very effective if you can persuade them to pay Counsel to provide opinions, draft pleadings and attend court on your behalf. Especially effective if you can persuade a charity to ‘partner up’ and throw some money at it e.g. Shelter will help you defend and counter claim against a landlord if they can see you have a good case. Counterclaims against litigants in person can be particularly lucrative.
  2. The free speech union – helped Graham Linehan get out of a pickle at Heathrow Airport. Careful with those tweets now…!
  3. Pro Bono cases – Sounds like M&S branded dog biscuits but it isn’t. Is actually where a firm will take on your case for free for some reason. Potentially good PR or acting ‘in the public interest’.
  4. No win no fee – Other side pays your fees if you win, and potentially 100% success fee up for grabs for the winning solicitor. Downside is – if you lose you pay their fees even if your solicitor does not charge you, so needs insurance to cover risks. Insurance can limit the cover and may not offer 100% protection. Also, only relevant for high value cases (six figures) unless success is all but guaranteed at the outset.
  5. Crowd funding – we all know what this is, always wondered why the bill doesn’t go back to the crowd funders if they lose… lots of options if you do a quick search for a funding organisation – go fund me, patreon etc click here for an example
  6. Off the record – frequently solicitors and lawyers will drop in hints about how to solve your problem in the first phone call. If you think about it, no client is going to walk into a solicitors office and hand over a large sum of money and their ID documents without knowing whether the person on the other side of the desk can ‘sort it out’. Just ring a solicitor, tell them the problem and ask how they can fix it. The reply isn’t advice, but it will tell you what you need to know to get started.
  7. DIY – litigant in person – do it yourself – that’s free. Harder than it sounds.
  8. Warning – Beware AI – artificial intelligence is not yet ripe enough to replace us humans. Grok seems to be particularly good at giving you an accurate answer. But every line of AI advice must be checked manually by a knowledgeable human before you can rely on it. AI frequently gives you false replies – particularly false cases! AI seems to be a very clever form of predictive texting. Put rubbish in and you get rubbish out. You have been warned!

Conclusion – unless you fall into one the above, the best option for you is to pay privately. Sadly there are few free lunches going as the cost of insuring the work and mountain of risk and regulation is passed back to the clients in time and fees. Annoying, but true.

GET IN TOUCH – click here for contact info

Legal aid in the UK was created after the Second World War as part of a wider effort to build a fairer society. The war had shown how poverty, inequality and lack of opportunity could damage social stability. There was a strong belief that the state had a duty to protect ordinary people and make basic rights real, not just theoretical.

One key idea guided the creation of legal aid: justice should not depend on how much money you have. Without legal help, rights exist only on paper. This belief shaped the post-war welfare state, alongside the NHS, social security and public housing.

Legal aid was formally introduced by the Legal Aid and Advice Act 1949, which came into force in 1950 under the Labour government led by Clement Attlee. The scheme was ambitious and generous by international standards.

Under the early system:

  • Legal aid covered most areas of law
  • It applied to both civil and criminal cases
  • If someone met the financial criteria and their case had merit, funding was available

There was no fixed budget. Spending increased if need increased. Lawyers were trusted to decide whether cases were worth pursuing, and the state paid them to represent eligible clients.

This made legal aid feel normal rather than exceptional. It was part of everyday government, not a controversial policy.

From the 1950s to the 1970s, legal aid expanded steadily. It covered:

  • Criminal defence
  • Family law, including divorce and child custody
  • Housing problems
  • Employment disputes
  • Welfare benefits
  • Later, immigration and asylum cases

By the 1970s, the UK had one of the most comprehensive legal aid systems in the world. People of modest means could realistically challenge landlords, employers, local authorities and even the government.

The political shift in the 1980s

Legal aid did not collapse suddenly. Instead, attitudes toward it changed.

During the 1980s, Conservative governments under Margaret Thatcher began to see legal aid differently. It was no longer viewed mainly as a public service, but as:

  • A growing expense
  • A system that encouraged people to challenge the state
  • Part of a welfare model they wanted to reduce

Changes introduced during this period included:

  • Spending limits
  • Tighter eligibility rules
  • More paperwork and bureaucracy

Public discussion increasingly focused on the cost of legal aid and criticism of lawyers, rather than access to justice. However, most legal aid services still survived into the 1990s.

Gradual erosion in the 1990s and 2000s

The decline continued under later governments, including New Labour.

The Access to Justice Act 1999 reorganised legal aid and introduced tighter management through the Legal Services Commission. The system moved toward:

  • Fixed fees
  • Contracts with providers
  • Cost-control measures

This made legal aid work less financially viable for many small law firms. While legal aid still existed across most areas of law, it became harder to access and harder to deliver.

The decisive blow: LASPO 2012

The major collapse came with the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

This law removed whole areas of civil law from legal aid. Most people could no longer get funded help for:

  • Family law (unless strict evidence of domestic abuse was provided)
  • Employment disputes
  • Welfare benefits
  • Most immigration cases
  • Debt and housing issues unless there was immediate crisis

The basic principle of legal aid was reversed. Instead of being available unless excluded, it became unavailable unless specifically allowed.

What was left behind

The impact was severe:

  • Hundreds of thousands of people lost access to legal help
  • Advice centres and law firms closed
  • “Legal aid deserts” appeared, where no providers remained
  • Courts filled with unrepresented individuals struggling to navigate the system

Legal aid was not abolished outright. Some criminal legal aid remains, because the justice system cannot function without it. But civil legal aid was reduced to a minimal safety net.

The bigger picture

Legal aid faded because the idea behind it changed. After the war, justice was treated as a public good. Over time, it came to be seen as a private service, with state support only in extreme cases.

What remains today is a shadow of the post-war vision — a system that still exists in name, but no longer delivers equal access to justice.

Lost wills – 1 Important rule to follow if you can’t find a will…

lost wills

Short answer – a lost will is considered to be revoked (i.e. cancelled) if it was lost by the testator, the person who made it. If it was lost by someone else, then it is still considered to be valid. Either way, submitting a copy of a will leave the estate open to a challenge as to its validity. This explains what to do where the will is lost, depending on whether you think it is invalid or enforceable.

Lost wills - Lost a will? image of a page of probate documents

Lost Wills in England and Wales –

The strict rule and the presumption of revocation.

Where the original Will is known to have been in the testator’s possession (or under their control) before their death and cannot afterwards be found, there is a rebuttable presumption that the Will was destroyed by the testator with the intention of revoking it (Patten v Poulton (1858) 1 Sw & Tr 55; still the leading authority).

Practical effect:

The testator is treated as having died intestate, or if they made an older will, it may be that the previous will applies instead – which may include or exclude people who should not be included or excluded.

This presumption applies even if:

  • everyone in the family knows exactly what the Will said,
  • there is a perfect photocopy or signed draft,
  • the testator repeatedly confirmed right up to their death that the Will remained valid.

How to rebut the presumption (prove a “lost will”)

The court may still admit a copy or reconstruction of the Will to probate, but the person seeking to prove it must satisfy the court on the balance of probabilities that:

  1. A valid Will was properly executed in compliance with s.9 of the Wills Act 1837.
  2. The Will was not revoked by the testator.
  3. The original was lost or destroyed either:
  4. after the testator’s death, or
  5. during the testator’s lifetime without their knowledge and contrary to their instructions (e.g., house fire, flood, cleaner threw it away, destroyed by a third party maliciously).
  6. The exact (or substantially exact) contents of the Will can be proved – usually by a signed copy, the solicitor’s file copy, or other cogent evidence.

Key modern cases confirming the approach:

  • Deposit the original Will with HMCTS Probate Service (costs only £21 and is extremely safe).
  • Leave the original with the solicitor who prepared it (most firms store Wills for clients).
  • Have the testator and witnesses sign multiple duplicate originals.
  • Never take the original home if possible.
  • Consider including a short clause:
    “I declare that if this my last Will cannot be found after my death it shall be presumed to have been lost or mislaid and not revoked by me.” – the may be persuasive but it is not a warranty or guarantee to protect the will from revocation.
  • It is possible to make an irrevocable will but they’re generally not used – they’re thought to be too high risk and problematic e.g. if you make or receive gifts after you’ve made an irrevocable will are those gifts included or excluded from the will ? It all depends on intention, which is very hard to prove without compelling evidence

CONTACT US FOR ADVICE IF YOU HAVE LOST YOUR WILL – we offer deeds and wills storage also

Bottom line for England and Wales

If the original was last known to be in the testator’s possession or control and it is almost always presumed revoked unless there is clear, cogent evidence of accidental loss and the contents can be proved.
The simplest and safest course is to ensure the original is stored with the solicitor or with the Probate Registry from the moment it is signed.

The case of Patten v Poulton (1858) 1 Sw & Tr 55 is a foundational English court decision concerning the presumption of revocation of a will. The case established that the presumption that a will, known to have been in the testatrix’s custody and not found at her death, was destroyed by her with the intention of revoking it (animus revocandi), is a prima facie presumption only and may be rebutted by other evidence. 

This presumption can be overcome by probable circumstances, such as declarations of unchanged affection and intention towards the beneficiaries. The court held that it is not necessary for the party seeking probate to prove how the original will was destroyed or lost, provided they have established the factum of the original instrument and provided sufficient secondary evidence of its contents. The case involved Julia Clarenza, who had executed a will in 1837 dividing her property equally among her three children and appointing James Patten as executor; the will was not found after her death in 1846, leading to the legal dispute over its validity and the presumption of revocation.

Posting Letters – The Rules of Service! 6 checks for sending your legal letters and notices

posting letters

Updated 22 July 2026

Short Answer – If you’re sending letters, you need to be able to prove that you posted them. Putting them in the post box doesn’t prove that you’ve done it. Get certificates or receipts from the post office. Used tracked or recorded or signed for delivery. Get an acknowledgement from a human that they’re received the letter you sent. Check if you’ve already agreed how you’re meant to send the letter and who you’re sending it to – i.e. CPR rules, a contract or lease may already say how you’re supposed to serve letters. If you don’t follow those rules service (posting) may be invalid.

Posting letters - Picture of a worker holding a special delivery letter

Serving a legal notice (such as a section 25 notice, break notice, or notice to quit) sounds simple — just post a letter, right? Wrong. Get it wrong and your notice is invalid, even if the other side actually received it. Courts are very strict. This plain-English guide explains the safest ways to serve notices and the common traps.

1. The Golden Rule:

Follow the Contract First – Most leases and contracts have a “Notices” clause that says exactly how notices must be sent (e.g. “by recorded delivery to the registered office” or “by email to notices@company.com”).
You MUST use the method written in the document. If you send it another way, the notice is usually invalid — even if the recipient got it!


2. If the Other Side Has Solicitors who are authorised to receive the notice

If solicitors are acting and have confirmed they accept service (common in court cases), you MUST serve the solicitors, not the client directly. Serving the client instead is fatal.

3. The Safest Way to Post Notices (The “Belt-and-Braces” Method)

Commercial property lawyers now almost always do this: Send the SAME notice twice on the same day: Royal Mail Special Delivery Guaranteed by 1pm (or 9am) Royal Mail Signed For 1st Class. You get two tracking numbers and two signed proof-of-delivery records. Even if one is refused or goes missing, the other almost always gets through.

Special Delivery also counts as “recorded delivery” for old laws like the Law of Property Act 1925 s.196 and Landlord & Tenant Act 1954.

4. First Class vs Second Class vs Tracked

First Class or Special Delivery → deemed served 2 business days later (CPR rules).
Second Class → no fixed “deemed” date — risky for deadlines.
Tracked/Signed For → gives proof and peace of mind.

5. The Notice Must Be Dated — and Dated Correctly

Always put the real date you sign and send it.
An undated notice is not automatically invalid, but the court may throw it out because no one can work out when time limits start (Mannai v Eagle Star – relates to an incorrect date on a notice).
Never back-date or forward-date on purpose — that can make the notice fraudulent.

6. If the Letter Comes Back “Returned to Sender” (Law of Property Act 1925 s.196),

If a correctly addressed recorded/special delivery letter is returned undelivered, service fails (Lamba v Lambeth LBC [2025]). However if you send a recorded delivery letter it is deemed served on the day it was sent not the day it was received! Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd [2003] EWHC 1252 (Ch)

Quick Checklist Before You Post – Is there a Notices clause in the lease/contract? Follow it exactly.


□ Are solicitors authorised to accept service? Serve them.
□ Date the notice today’s date.
□ Send by BOTH Special Delivery AND Signed For 1st Class. Certificates are service are also excellent evidence which will persuade a judge the letter was actually sent.
□ Keep screenshots of tracking + signed receipts.
□ File a Certificate of Service (Form N215) if it’s court papers. Do all of the above and you will build a great safety margin for later on – it will be very difficult for your opponent to argue that the notice was not sent or it was sent improperly. It costs under £20 and saves thousands in legal fights later.

INFORMATION AND FURTHER READING

Lamba v Lambeth LBC [2025] 11 WLUK 608
Law of Property Act 1925 s.196 deems service as effective except where the letter is returned
Landlord and Tenant Act 1954 s.66
Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd [2003] EWHC 1252 (Ch)
Civil Procedure Rules Part 6

Interpretation Act 1978

CONTACT US for questions about how to serve notice and letters!