Married and unmarried - trusts inside the Will

Carr Mitchell — Fri, 03 Jul 2026 12:41:17 GMT

Death Planning Solution for:

Married Couples/Civil Partners (estates valued under the tax free amount), And Non-Married couples (Any Estate Value)

If you do not have a valid Will when you die, your assets will be distributed in accordance with the Intestacy Rules, laid down in the Administration of Estates Act 1925 and the Inheritance & Trustees’ Powers Act 2014. The people that you would want to inherit your assets may not and your estate’s tax position could also be affected.

Typical Existing Planning

If you die without a valid will, or you have a basic mirror will in place, your assets could be exposed to the below risks after first death:

Following second death there are further risks to your assets that you want your loved ones to benefit from:

Our Solution

Sever the tenancy on the jointly owned family home and any other properties (if applicable), to become ‘tenants in common’. Equalise savings and investments into sole names rather than joint names.

Following first death, the deceased’s share of the assets are directed into their Discretionary Trust of Residue (which deals with their NRB & RNRB) via the Will. The surviving spouse or partner can continue to live in the family home and benefit from the other assets, and is still able to move house, if they choose to do so. In the event that the survivor enters care, the survivor’s assets only include a half share of the family home plus any other assets they own

Your beneficiaries have access to the trust funds but the trustees can ensure that these assets do not enter their beneficiaries estates and therefore are more protected from the following:

In some cases it may be beneficial to use multiple trusts. Multiple trusts can increase flexibility and autonomy, as it enables each beneficiary to have and be ‘in control’ of their ‘own Trust’. There are also various options open to trustees following death to try and reduce the impact of future tax charges in some cases.

This page contains only general guidance and is not to be construed as advice for any personal planning. Any planning should be based on bespoke advice tailored to your specific circumstances.

Single/Widowed - Will Trust

Carr Mitchell — Fri, 03 Jul 2026 11:15:06 GMT

Death Planning Solution for: Single/Widowed People

Single/Widowed People

Typical Existing Planning

Where there is no will, or only a basic will in place, your assets are exposed to
the following risks on your death:

Creditor and Banktruptcy Claims

Similarly, if any of your beneficiaries are subject to creditor
claims/bankruptcy, the inherited estate is fully at risk.

Beneficiaries’ Own Future Care Costs

If the inheritance has been passed to your chosen beneficiaries,
these assets could later be assessed for their own care costs.

Further or Generational Inheritance Tax (IHT)

If your estate is above the current Nil Rate Band then Inheritance
Tax will be payable on your death. The remaining estate is likely to
be directed to the beneficiaries. This then adds to their estate and
could impact their own Inheritance Tax.

Divorce

If your children/chosen beneficiaries are subject to divorce
proceedings, part of what you intended them to receive is at risk
from a divorce settlement.

Our Solution

* Deals with the whole estate including the NRB and RNRB.

The beneficiaries have access to the trust funds but we ensure that these
assets do not enter their estates and so are protected from attack by the
following:

In some cases it may be beneficial to use multiple trusts. Multiple trusts can increase flexibility and autonomy, as it enables each beneficiary to have and be ‘in control’ of their ‘own Trust’. There are also various options open to trustees following death to try and reduce the impact of future tax charges in some cases.

This page contains only general guidance and is not to be construed as advice for any personal planning. Any planning should be based on bespoke advice tailored to your specific circumstances.

Carr Mitchell Ltd blog

Married and unmarried - trusts inside the Will

Death Planning Solution for:

Married Couples/Civil Partners (estates valued under the tax free amount), And Non-Married couples (Any Estate Value)

Typical Existing Planning

If you die without a valid will, or you have a basic mirror will in place, your assets could be exposed to the below risks after first death:

Following second death there are further risks to your assets that you want your loved ones to benefit from:

Our Solution

Sever the tenancy on the jointly owned family home and any other properties (if applicable), to become ‘tenants in common’. Equalise savings and investments into sole names rather than joint names.

Your beneficiaries have access to the trust funds but the trustees can ensure that these assets do not enter their beneficiaries estates and therefore are more protected from the following:

Single/Widowed - Will Trust

Death Planning Solution for: Single/Widowed People

Single/Widowed People

Typical Existing Planning

Creditor and Banktruptcy Claims

Beneficiaries’ Own Future Care Costs

Further or Generational Inheritance Tax (IHT)

Divorce

Our Solution