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Setting Up a Trust.

Our Solicitors can help you with setting up a trust that is right for your circumstances, ensuring your assets are protected and your wishes for the future are clearly set out.

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Setting Up a Trust.

Setting up a trust in England and Wales is a complex process, but with the support of Lanyon Bowdler you can be sure to reap all the benefits without excessive expenses or stress.

Trusts offer flexibility, control, and potential tax advantages, making them a valuable tool in estate planning. Establishing a trust can be a significant step in managing and protecting your assets for the benefit of your loved ones or chosen beneficiaries.

When creating a trust, there are a number of considerations that must be made to ensure the safe succession and protection of assets from excessive tax, mismanagement of funds, and undue claims or disputes. This is why seeking expert legal advice from specialist Estate Planning Solicitors is crucial.

If you are considering creating a trust to plan the succession of your estate, contact Lanyon Bowdler today.

Creating a Trust Process

While each trust setup is unique because of the aim and contents of the trust, we can identify some of the key steps you are likely to take in the creation of your trust.

Choosing the right type of trust

By identifying the purpose of the trust and what you are trying to achieve by setting it up, we can help you choose what type of trust you should establish. The most common types are:

  • Bare Trusts: Beneficiaries have an immediate and absolute right to both the trust capital and income.
  • Discretionary Trusts: Trustees have discretion over how to distribute income and capital.
  • Interest in Possession Trusts: Beneficiaries have a right to trust income, but not necessarily the capital.

Each type of trust will have its unique benefits, and choosing the right type is fundamental to the success of a tailored succession plan for you and your loved ones.

Select the trustees

The selection of trustees is a very important step. The decision cannot be made on your personal relationship with the person alone, but, instead, should take into account their financial attitude and trustworthiness. Being nominated as a trustee is a big responsibility, and you should only assign it to someone you trust to protect your interests.

Draft the trust deed

A trust deed is the legal document outlining the details, contents, and trustees of the trust you have created. This will always be done by a qualified solicitor, as the terms of the trust need to be clearly defined and comply with tax and legal strictures within the legal that apply to trusts in the UK.

Transfer assets into the trust

Once the deed is drafted, the trust can start to receive ownership of the assets you are planning to transfer to it. These will generally be cash, property, company shares or investments, and it is important to consider the tax implications of the transfer at this stage to ensure the trust is not unduly or excessively impacted by Inheritance Tax (IHT).

Register the trust

Your trust will usually need to be registered with HM Revenue & Customs (HMRC), even if it is not a taxable trust. Lanyon Bowdler can help you complete this process and ensure complete legal compliance.

Your Trust Creation questions answered

Why set up a trust?

Setting up a trust can help you control what happens to your money and assets after you die. It decreases the risk of them being misspent, lost, or overly taxed during the administration and distribution process of your possessions.

Trusts also adapt to your situation as life goes on. For example, it can protect your assets if your partner remarries after your death, or if one of your beneficiaries is more likely to spend your money unwisely. You can ensure their needs are met while protecting your interests for the future.

How much does setting up a trust cost?

The cost of setting up, administering, or managing a trust can depend on many factors, most importantly the size and complexity of your estate. You may also require additional services after the trust is set up, and other costs may apply such as taxes, exit charges, and accountancy services.

To find out the cost of setting up a trust for your estates, contact Lanyon Bowdler today. Once they know more about your circumstances, our specialist solicitors will be able to guide you through your options, and make the most effective plan tailored to your needs.

How do I choose trustees for my trust?

Many people appoint trustees only based on their family or personal relationship, but this should not be the only factor. Choosing a trustee is a decision with many legal ramifications, and should not be done lightly. Some of the considerations to make include:

  • Trustworthiness: Trustees should be reliable and have integrity.
  • Financial Acumen: They should possess or have access to financial expertise.
  • Availability: Willingness and ability to dedicate time to trust matters.
  • Impartiality: Ability to act in the best interests of all beneficiaries without bias.

You may also consider the option to appoint a professional trustee, such as the legal professionals at Lanyon Bowdler. Choosing Partners of our Firm as a trustee means a guarantee of trustworthiness, expertise, and continuity in the management of your trust.

What are some common mistakes in trust creation?

Creating a trust can be a complex process, and it is not rare to see mistakes in the way trusts are set up. These errors can be costly, both financially for you and your family, and in terms of long-term consequences.

  • Lack of clarity – Any amount of ambiguity in the trust deed can be misinterpreted or exploited in the future. This may lead to the misappropriation of assets, or even to trust disputes between beneficiaries and trustees.
  • Inappropriate Trustee Selection – Choosing trustees without due diligence can affect trust management. Family members and friends who are unable or unwilling to handle the responsibility of managing a trust, or are more likely to misspend funds and assets, can often result in unintended consequences.
  • Ignoring Tax Implications – Failing to consider tax liabilities can result in unexpected costs, or even in legal consequences that were not considered from the start. Taxes and fees should always be accounted for when creating a trust.
  • DIY Trusts Without Professional Advice – Attempting to set up a trust without expert guidance can lead to errors and legal issues with unexpected costs and consequences.
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Contact Our Trust Creation Solicitors

At Lanyon Bowdler, we are here to help you set up a trust that works for you. Our expert Trust Creation Solicitors will keep you informed, talking you through each step of the process, so you can make informed decisions to achieve your goals.

As a full service law firm in Wales, our Trust Solicitors are highly skilled in the creation of effective trusts that protect your interests after you’re gone, ensuring your family and loved ones are taken care of while respecting your wishes, whatever your circumstances are.

Our team has decades of experience supporting clients across England and Wales. From our offices in Shrewsbury, Bromyard, Conwy, Hereford, Ludlow, Oswestry, and Telford, we have helped clients Set Up Trusts in Shropshire, Herefordshire, Mid and North Wales. We can help with all aspects of trusts, from set up, to management, to estate administration. Our expertise makes us the ideal choice for Setting Up Trusts in Birmingham, Wolverhampton, and Worcester.

At Lanyon Bowdler, we will always act with your best interests in mind. Contact us today to find out how we can help you.

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Knowledge

Setting Up a Trust Articles & Podcasts.

Blog
The past two years have brought some of the most significant changes to Inheritance Tax (IHT) reliefs in a generati...
Sioned Parry • 23 Jul 2026
Blog
In England and Wales, any person preparing a will (‘the testator’) has testamentary freedom or, in simple language,...
Nyrée Grevett • 11 Jun 2026
Podcast icon Podcast

When Did You Last Update Your Will? : Edward Rees, Sophie Burgoyne and Nyrée Grevett

In this episode, Edward Rees is joined by colleagues Sophie Burgoyne and Nyrée Grevett. Following a poll carried out by...
Published • 11 May 2026
Blog
With Neurodiversity Week being this week, it seems a good time to reflect upon estate planning considerations for f...
Nyrée Grevett • 18 Mar 2026
Blog
A recent episode of the YouTube series ‘Lineage’ showcased the work of probate genealogists and researchers Fraser ...
Jessica Gough • 18 Dec 2025
Podcast icon Podcast

Challenging the Family Farm Tax with Scott Pepe from NFU

Scott Pepe, explains how the NFU are at the forefront of lobbying the government in relation to farming and talks us thr...
Published • 03 Nov 2025
Blog
We are only too aware that the majority of people are still reluctant to make a will - putting in place the legal s...
Edward Rees • 29 Oct 2025
Blog
Trusts can be traced back to the Middle Ages in the 11th and 12th centuries in England. Crusading English knights l...
Kelly Hughes • 07 Oct 2025
Blog
In these autumn, and the coming winter months, driving at night can be a challenge, but in recent years, the increa...
Cameron Petch • 06 Oct 2025
Blog
A common misconception is that once an individual receives inheritance either under a will or under an intestacy (i...
Sophie Burgoyne • 10 Sep 2025
Podcast icon Podcast

Will the Law Commission’s Proposal for Changes to Wills Make the Vulnerable More Vulnerable? : Edward Rees and Sophie Burgoyne

Discussion of the Law Commission's report regarding reforms to wills, which includes some very interesting proposals....
Published • 02 Sep 2025
Podcast icon Podcast

Update on the Changes to IHT for Farmers & Business Owners : Edward Rees and Sophie Burgoyne

A review of the changes introduced in last autumn's budget, highlighting the main changes to inheritance tax rules, whic...
Published • 19 Aug 2025
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