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This article was published on September 18th, 2026
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.
A Will Trust only comes into effect on death. This differs from a lifetime trust, which is established during a person’s lifetime.
Will Trusts can therefore be a useful mechanism for passing on property or other assets after death while retaining some control over how those assets are used.
The people who manage and control the Trust are called the Trustees.
Trustees are usually named in the Will. Depending on the circumstances and terms of the Trust, Trustees may subsequently retire and new Trustees can be appointed.
Trustees are responsible for managing the assets held within the Trust in accordance with its terms. These assets might include:
The responsibilities of the Trustees will therefore depend on what the Trust contains and the instructions set out in the Will.
Some Will Trusts have a Life Tenant, who is often a surviving spouse or partner, although it can be somebody else.
A Life Tenant may, for example, have the right to live in a property held by the Trust or receive income generated by Trust assets during their lifetime, without owning the underlying asset outright.
When the Life Tenant dies or another specified event occurs, the assets can then pass to other beneficiaries named in the Will.
This can be particularly useful where somebody wants to provide for a surviving spouse or partner while ultimately preserving assets for children or other beneficiaries.
There are several reasons why someone may consider including a Trust within their Will.
A suitably structured Will Trust may provide greater protection and control over inherited assets in certain circumstances. The level of protection will depend on the type of Trust, its terms and the beneficiary’s individual circumstances.
The Will, sometimes supported by a Letter of Wishes, can specify how assets should be managed or used. This can be particularly useful for blended families, for example where someone wishes to provide for their spouse while ultimately preserving an inheritance for their children.
A Trust can be used where beneficiaries are children, vulnerable individuals or people who may need assistance managing money or other assets.
Different types of Trust are subject to different tax rules. In some circumstances, a Will Trust may form part of wider estate and succession planning, although specialist advice should be taken before relying on a Trust for tax-planning purposes.
HMRC confirms that different types of trusts are taxed differently, with the tax treatment depending considerably on the structure used. You can find further information in the GOV.UK guidance on trusts and Inheritance Tax.
There are several different types of Trust that may be created through a Will, each with its own rules and potential tax implications.
A Bare Trust is a relatively simple arrangement where the beneficiary is entitled to the capital and income held within the Trust.
They can be used where assets are left to a child, with the Trustees managing those assets while the beneficiary is still a minor.
An Immediate Post-Death Interest is a type of interest in possession arising following a person’s death.
The beneficiary may be entitled to income generated by the Trust or to use or enjoy an asset without becoming the outright owner of that underlying asset.
A common example is where a surviving spouse or partner is given the right to live in a property for their lifetime. When their interest comes to an end, the property ultimately passes to another beneficiary, such as the deceased’s children.
With a Discretionary Trust, the Trustees have discretion over how and when Trust assets or income are distributed amongst the potential beneficiaries.
A Will can identify a group of potential beneficiaries, while a Letter of Wishes may provide the Trustees with guidance about how the person making the Will envisaged the Trust being used.
This can provide considerable flexibility where future circumstances are difficult to predict.
Further information about the differences between these arrangements can be found in the GOV.UK guidance on different types of trusts.
Will Trusts can be a useful tool in succession and estate planning. A carefully considered and professionally drafted Trust can help achieve objectives that may be difficult to accomplish through an outright gift.
However, there are potential disadvantages to consider.
Trusts can involve ongoing administration and associated costs, although some are simpler to manage than others. Acting as a Trustee also carries legal responsibilities and may involve considerable work.
Trusts can also have complex tax and reporting requirements. Depending on the Trust, tax may potentially arise on income, capital gains or inheritance, and some Trusts may need to be registered with HMRC.
Professional advice can therefore be particularly important both when creating a Will Trust and when administering one.
The starting point should be to consider what you want your Will to achieve.
For example, you may want to provide for your spouse while protecting an inheritance for your children, provide for a young or vulnerable beneficiary, or retain greater control over how assets are passed on.
Once your objectives are clear, consideration can be given to the different types of Trust available and the advantages and disadvantages of each.
If you would like guidance on including a Will Trust within your Will, our Wills and Probate team at Thorneycroft Solicitors will be happy to assist.
Contact us today on 01625 503444 or email [email protected].
Written by Julie Foundation, Legal Executive in our Wills and Probate team.
