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A Will Trust, sometimes referred to as a testamentary trust, is a legal arrangement created within a person’s Will that comes into effect after their death.
Rather than assets passing directly to a beneficiary, some or all of the estate can be held and managed by Trustees on behalf of one or more beneficiaries.
A Will Trust can provide greater control over how and when an inheritance is passed on. It can be particularly useful when providing for children or vulnerable beneficiaries, protecting family assets or balancing the interests of different family members.
The recent decision in Re CX (No 2) (Domestic abuse: No contact) [2026] EWFC 230 provides an important example of the difficult balancing exercise the Family Court may have to undertake where domestic abuse has had a profound and continuing impact on the parent with whom a child lives.
Mr Justice Garrido took the exceptional step of suspending both direct and indirect contact between a six-year-old child and her father for a period of around three years. The decision is particularly striking because the child enjoyed spending time with her father and there was no suggestion that the contact sessions themselves were causing her distress.
A Lasting Power of Attorney (LPA) allows you to appoint one or more people you trust, known as your Attorneys, to make certain decisions on your behalf.
There are two types of LPA: one for Health and Welfare decisions and another for Property and Financial Affairs. If you appoint more than one Attorney, you will also need to decide how you want them to work together.
Attorneys can be appointed to act jointly, jointly and severally, or jointly for some decisions and jointly and severally for others.
This is an important decision, as it determines how decisions are made, how quickly they can be made, who needs to agree and what happens if one of your Attorneys is unable to act.
There is no single ‘correct’ choice. However, it is important to understand the differences to help ensure your LPA works in the way you intend and does not have unforeseen limitations.
Most people in the United Kingdom rely on bank accounts, debit cards and credit cards to manage their everyday finances. Our savings and income are also likely to be held securely in bank accounts, allowing us to pay for food, household bills, clothing and other everyday expenses.
It can be difficult to think about a time when you may no longer be able to manage these things yourself. However, a Property and Financial Affairs Lasting Power of Attorney (LPA) allows you to appoint people you trust to help manage your money, property and financial affairs if you need assistance in the future.
This can include managing your bank accounts, paying bills and care fees, dealing with your property and making other financial decisions on your behalf.
Here are three situations that demonstrate why having a Lasting Power of Attorney in place can be important.
A Deed of Variation is a legal document that allows beneficiaries to alter the distribution of a deceased person’s estate under a Will or the rules of intestacy, provided it is completed within two years of the Testator’s death.
A Deed of Variation can be used to:
Whether you are considering a Deed of Variation for tax planning or family reasons, it is important to understand how they work and the legal requirements involved.
A Property and Financial Decisions Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted people (known as your attorneys) to manage your financial affairs if you need assistance now or lose mental capacity in the future.
A Property and Financial Decisions LPA can allow your attorneys to:
It does not cover decisions about your health, care or medical treatment. These decisions require a separate Health and Welfare Lasting Power of Attorney.
Enduring Powers of Attorney (EPAs) are no longer available to create, having been replaced by Lasting Powers of Attorney (LPAs) in October 2007. However, if you made a valid EPA before this date, it may still be legally effective today.
Many people are unsure how EPAs work, when they need to be registered and whether they should be replaced with an LPA. Here are five facts that may surprise you.
With the start of the new school year approaching, parents across England face stricter enforcement of school attendance from 1 September 2026. For separated parents, however, planning a holiday involves more than checking the school calendar. Where a child is taken out of school during term time, both parents could potentially face a penalty notice and if the proposed holiday is abroad, there may also be important family law considerations about parental responsibility, consent and existing child arrangements.
So, what should separated parents think about before booking the next family holiday?
As a collaboratively trained family lawyer at Thorneycroft Solicitors, I am passionate about helping clients navigate separation in a way that prioritises their emotional wellbeing, understanding and long-term practical outcomes.
Collaborative family law offers a constructive alternative to the traditional court process, placing families firmly at the centre of decision-making and encouraging a more cooperative approach to resolving disputes.
