Why Should I Consider the Use of a Trust?

Why Should I Consider the Use of a Trust?

In the vast majority of cases Trusts are not relevant. However in some situations they may be desirable or even necessary

  • If the person you want to benefit cannot look after his/her own money. This may be incapacitated children or even a spouse/partner suffering from dementia
  • If you would leave young children if you died suddenly
  • If you are not sure who should receive what. For example you run a business but it is too early to know which of your children will come into that business
  • If you want someone to have the income but make sure the capital on his/her death goes to whom you wish it to go to. This is sometimes the case with second marriages
  • If there are tax reasons for using trusts

In all of these cases the assets are transferred to the names of the Trustees and they manage them in the interests of the beneficiaries.

The income may go to one person as of right or the trustees may have a discretion as to how much they pay to whom. Similarly the capital may go to a named individual(s) of the Trustees may have discretion as to how much they pay to whom.

Trustees to have to abide by many rules which is why the choice of Trustees is so important. If you want them to have discretion as to who will get what you really have to be very careful in that choice.

This does mean that there is an administrative cost – such as filing tax returns and keeping accounts – to using trust funds which is the main reason why they are not right for most people.

Use of a trust fund is a big step and needs to be thought about very carefully. If you think your circumstances are right for the use of a trust fund we will discuss the situation in detail with you; explain in more detail what a trust entails, the different types of trust and help you come to the best decision for you and your beneficiaries.


Newly Appointed Partner image

Newly Appointed Partner

Maples Solicitors LLP are delighted to announce Chris Ayre became a Partner of the firm from 1st January 2021.

 

Managing Partner Mrs Anita Toal said “Chris has been a loyal member of the team since he joined us as a fresh-faced teenager and office junior many years ago. Over the years, Chris has increasingly taken on more and more responsibility and has been responsible for most of the day to day management of the firm for some time. Chris’s support of and commitment to  Maples has been consistently outstanding-never more so in 2020. We hope Chris will help the firm continue to flourish for many years to come”.

 

Chris commented “Maples has been like a home to me for nearly 20 years so I was thrilled when the very unexpected offer of Partnership was made. 2020 was a challenging year for everyone and let’s hope 2021 can be the start of a new brighter future”.

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Testimonials

Jamie Dobbs SCILEx

"I should like to take this opportunity to express my very sincere and grateful thanks for Jamie's unfailing helpfulness and efficiency in all aspects of the handling of my late stepmother's estate. Jamie have always replied to my (many!) queries promptly and comprehensively which has been a enormous help throughout what I know can be a fraught and stressful process. Sadly, it is increasingly rare these days to experience the highs standards of service that Jamie has provided."

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

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Daven Naghen LLB

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Faye Blair LLB

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Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

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