We talk through what you are trying to protect, whether that is a young child's inheritance, a vulnerable beneficiary, or a blended family, and arrange a trust structure that fits, not a generic template.
Book a free consultation →Trust structuring often comes up alongside a will or a wider tax plan you're already handling for a client. Bring us in early and we'll keep the whole thing consistent, not bolted on afterwards.
Discuss a referral →Instead of leaving an asset directly to a beneficiary, you leave it to trustees, who hold and manage it on the beneficiary's behalf according to rules you set out. That might mean releasing money at a chosen age rather than 16 or 18, giving a surviving spouse the right to live in a house for life before it passes to your children, or giving trustees discretion to support a vulnerable beneficiary without affecting their means-tested benefits.
Discretionary trusts give trustees the flexibility to decide how and when beneficiaries benefit. Common for young children, vulnerable beneficiaries, or where circumstances are likely to change over time.
Liferent trusts give one beneficiary, often a surviving spouse, the right to use or receive income from an asset for their lifetime. On their death, it passes to whoever you named from the outset, typically your children. Common in second marriages, where you want to provide for a spouse without disinheriting children from an earlier relationship.
Bare trusts are the simplest form: the beneficiary has an immediate, absolute right to the asset, and the trustee just holds legal title until they are old enough to manage it themselves. Often used for straightforward gifts to grandchildren.
Scottish trust law was substantially updated by the Trusts and Succession (Scotland) Act 2024, which modernised trustee powers and duties for the first time in decades. Trusts are still commonly set up inside a will, taking effect only on death, or during your lifetime, taking effect immediately. Which fits depends on what you are trying to achieve, and we talk through both before anything is put in place.
"Mr and Mrs C were both on their second marriage, each with children from before. They wanted the other looked after if one of them died first, but also wanted their own children to eventually inherit their share of the house, not step-children they barely knew. A liferent trust let the surviving spouse stay in the house for life, with the property passing to each partner's own children afterwards. It was the one part of the plan that gave them both real peace of mind."
No. Trusts get associated with large estates, but the most common reason families set one up is simpler: protecting a young child's inheritance, or making sure a second spouse can stay in the family home without disinheriting children from an earlier relationship.
It depends on how it is written. A trust set up during your lifetime can often be structured with some flexibility built in. A trust created inside your will only comes into existence on death, so it can be revised any time before then, simply by updating the will.
Manage the trust assets responsibly, act in the beneficiaries' interests, keep proper records, and follow the terms you set out. We help clients choose trustees who are up to this, and explain exactly what the role involves before anyone agrees to take it on.