United Kingdom: Trusts

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The Variation of Trusts Act 1958 provides courts with the power to approve changes to trust arrangements when circumstances evolve beyond the original structure. This article examines when trustees should consider applying for court approval, the specific categories of beneficiaries that engage the court's jurisdiction, and how courts assess whether proposed variations genuinely benefit those who cannot consent for themselves.

A Deed of Variation allows beneficiaries to restructure estate distribution after death, potentially avoiding inheritance tax charges, recapturing wasted reliefs, increasing charitable giving, and resolving conflicts arising from outdated wills or intestacy rules. Understanding when and how to use this powerful tool can save families significant tax liabilities while ensuring assets reach their intended recipients.

When a family trust is connected to your marriage, understanding its potential impact on your financial settlement is crucial. The court's approach focuses not on legal ownership, but on whether the trust is likely to provide financial support to either spouse now or in the foreseeable future. This analysis explores how discretionary trusts, family trusts, and trust beneficiary status are evaluated in divorce proceedings, examining the key factors that determine whether trust assets become relevant resource

The UK government has introduced significant changes to the Trust Registration Service rules, creating new exemptions for low-value trusts and imposing registration deadlines for overseas trusts holding UK land. Trustees must now assess whether their trusts qualify for de-registration under the relaxed requirements or face new compliance obligations by September 2027.

Two recent High Court decisions demonstrate how charities can navigate disputed estates involving challenges to wills, lifetime gifts, and powers of attorney. These cases reveal the distinct legal tests for will challenges...

Blended families face unique estate planning challenges when balancing the needs of a surviving partner with preserving assets for children from previous relationships. Without proper planning, the intestacy rules in England and Wales often fail to reflect modern family structures, potentially leaving partners vulnerable and children without their expected inheritance.

When family members contribute financially to property purchases or hold assets on behalf of relatives, informal arrangements can lead to costly disputes. Two recent UK cases demonstrate how unclear intentions regarding property ownership and financial contributions can result in complex litigation, particularly during relationship breakdowns or inheritance disputes.

A law student shares their firsthand experience during a week-long work placement at BTO Solicitors' Helensburgh office, detailing their involvement in drafting legal documents...