LEGAL EAGLE: Consider the advantages of a Family Trust

I am asked by clients whether setting up a Family Trust would be a good idea for them. The answer is often yes, as there are lots of advantages to setting up a Family Trust.

Such as? Well, a trust ensures security and protection for your assets and can make things as simple as possible for your family to deal with when you die. In fact, the need for probate is often avoided altogether, which may help keep the costs of dealing with your estate down if the proposed rise in probate fees comes into force.

A Family Trust provides full protection for your beneficiaries, even if circumstances have changed. An example would be where your spouse or children (including adult children) have disabilities or lose capacity to deal with their own affairs.

It also protects against your children being disinherited as a result of your spouse remarrying after your death.

Your chosen trustees can deal with the property in the trust in the same way as attorneys would under a Power of Attorney.

Since it would be your trustees who control the capital of the Trust Fund, including your house, these assets should not, in normal circumstances, be taken into account in the assessment of your means for contribution to the cost of any residential care fees or other means tested benefits.

However, your solicitor will need to give you individual advice as to how the regulations about care fees would affect you.

If you are considering setting up a Family Trust, it is important to take advice from solicitors specialising in this area of law. Contact Tilly Bailey & Irvine’s North East Solicitors on 0333 444 4422 or visit their website to speak to a solicitor in Hartlepool about making your Will or Family Trust.