Single/Widowed - Will Trust

By Carr Mitchell on Jul 3, 2026 12:15:06 PM

Single/Widowed - Will Trust

Death Planning Solution for: Single/Widowed People 

Single/Widowed People 

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

will

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

Family-home

* 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:

Creditor and banktruptcy claims

Similarly, if any of your beneficiaries are subject to creditor claims/bankruptcy then their inheritance could be protected from
such claims.

Further or Generational IHT

Holding the assets in the Discretionary Trust can ensure that they do not add to the beneficiaries’ estates and impact on their own IHT.

Divorce

Assets entering the trust on death can ensure that if your children/chosen beneficiaries were subject to divorce proceedings, what you intend them to receive could be more protected from any divorce settlements.

Residence Nil Rate Band (RNRB)

The Discretionary Trust ensures that if there are lineal descendants as beneficiaries, the RNRB can still be claimed.

Care Costs

If assets are held in the Discretionary Trust, they could also be protected against the beneficiaries’ own care costs.

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.

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