Trusts arise in all sorts of circumstances, either created in a person’s lifetime or more commonly arising when someone dies (either under their Will or under the rules of intestacy). A trust places the control of assets in the hands of the trustees who hold those assets under the terms of the trust for the beneficiaries (who may or may not be specifically named). There are many reasons a trust arises. These include beneficiaries who are children and as such are unable to inherit until they reach adulthood (or sometimes a later age, for example 21 or 25), they may be vulnerable or disabled people. A trust may be used because there is a wish to provide for a spouse or partner for their lifetime but ultimately ensure that the capital assets pass on down to children. Alternatively a Trust may be used as a form of tax planning.

If you are appointed as a Trustee then you have a duty to administer the trust properly. If you are taking up a Trusteeship it is a good idea to take legal advice as to what your duties and responsibilities are before taking on the role. Formal documents are required at various times, for example when a New Trustee is appointed and when a Trustee retires.

There are different types of trust and it is important to be aware that many of these are treated as a separate body for tax purposes. It is therefore always sensible to take advice as to the tax treatment of a trust to ensure all Revenue obligations (in relation to income tax, capital gains tax and inheritance tax) are met and taxes paid. It is also advisable to seek advice before taking steps to dispose of, or distribute, assets. In this way the trustees can ensure that their actions are carried out in the most tax efficient manner.

At AMD Solicitors we can offer advice in respect of all aspects of trust work to include:
Advising you as to the creation of a trust suited to your circumstances either in your lifetime or under the terms of your Will.

Guiding and advising you as a trustee as to the administration of a particular trust and your duties and obligations, to include, if required a trust administration service.

Advise you as a beneficiary as to your rights with regards a particular trust.

All our advice is tailored to the individual, as we believe that one size does not fit all.

What our Clients say

Star Star Star Star Star

“I simply cannot recommend AMD highly enough. There are a myriad of Solicitors available so how do you know who to choose? I instructed AMD to act on my behalf for the sale of, sadly, my deceased brother’s property. AMD have been outstanding, dealing with enquiries with real diligence and pace keeping me informed every step of the way, right from my initial enquiry through to completion. The whole team at AMD were superb, but a special note of thanks to Aleksandra Wegera who was exceptional. I highly recommend AMD and would use AMD again without any hesitation”

24/06/2021
Star Star Star Star Star
Positive: Professionalism, Quality

“AMD Solicitors recently assisted with the creation of a Will for myself. Their Private Client team were fantastic throughout the whole process. The initial meeting was able to be conducted over video call, during which they were able to answer various questions I had and advise as to the appropriate action to take. Subsequent correspondence was clear and prompt, I particularly appreciated the practical advice in relation to the witnessing of documents whilst under lockdown arrangements. I would not hesitate to recommend AMD Solicitors to others, keep up the good work!”

25/02/2021
See on google
Star Star Star Star Star

“Professional, efficient and great communication (which is always appreciated when dealing with legal matters). We used Tony Moore’s services for our mortgage, we’ll be using again. Highly recommended.”

09/01/2021
See on google
READ ALL TESTIMONIALS

TALK TO OUR SOLICITORS

Andrew Jack

Director, Solicitor and joint Head of the Private Client department

See details

Florence Pearce

Director, Solicitor (TEP) and joint Head of the Private Client department

See details

Anne Tamlyn

Probate and Trust Executive

See details

Rebecca Martin

Conveyancing and Probate Executive

See details

GET IN TOUCH

Telephone icon Request a call back