Trusts vs Wills: Which Is Right for Your Estate Plan?
- christy800
- Aug 6
- 3 min read
When it comes to planning for the future, most people know they need a will, but fewer realise how valuable a trust can be when it comes to protecting their assets and looking after loved ones.
At LCS Legal, we help clients across the UK understand when a will is enough and when a trust could provide extra peace of mind. In this guide, we’ll walk you through the key differences, explain the types of trusts available, and help you decide which option (or combination) might suit your needs.
Why Every Adult Needs a Will
A will is a legal document that outlines what should happen to your estate after you pass away. That includes your money, property, possessions, and even who should look after your children if they’re under 18.
Without a valid will, the UK’s intestacy laws decide how your estate is divided. This can lead to outcomes you didn’t intend, such as:
Your partner not inheriting if you’re unmarried
Children from previous relationships being left out
Family disputes and legal delays
Having a will means you stay in control. It’s one of the simplest and most important ways to protect the people you care about.
What Is a Trust and How Is It Different?
A trust is a legal structure that allows assets to be held by one party (the trustees) for the benefit of another (the beneficiaries). It can be created during your lifetime or written into your will.
Trusts are commonly used to:
Protect property from care home assessments or remarriage
Delay inheritance for young or vulnerable beneficiaries
Provide for multiple people in different ways
Support children from previous relationships
Help reduce inheritance tax
At LCS Legal, we include trusts in over 95% of the wills we write, because many families benefit from added protection and flexibility.
Trusts vs Wills: Key Differences
Feature | Will | Trust |
When it takes effect | After death | Can take effect during life or after death |
Legal control over inheritance | Yes | Yes, often more flexible |
Avoids probate | No | Sometimes, yes |
Protects against care fees or remarriage | No | Often, yes |
Allows staged or delayed inheritance | No | Yes |
Tax planning benefits | Limited | Stronger, strategic options |
Do You Need Both a Will and a Trust?
In most cases, yes. A will ensures your wishes are formally recorded and legally binding. Trusts offer extra control, protection, and tax advantages that a simple will can’t.
Together, they form a complete estate plan that can adapt to complex family situations and protect your assets long-term.
Real-Life Scenarios
Second Marriage or Blended Family You want your current spouse to live in your home but ultimately leave it to your children from a previous relationship. → A Protective Property Trust can help.
Young Children You’d like to leave money to your children but don’t want them to receive everything at 18. → A Discretionary Trust allows flexible access based on their needs.
Concerned About Care Costs You want to protect your share of the home from being assessed for care fees. → A Life Interest Trust or PPT can offer protection, depending on your situation.
Why Choose LCS Legal?
Estate planning doesn’t need to be confusing or expensive. At LCS Legal, we provide expert legal advice in a way that’s simple, human, and jargon-free.
35+ years’ experience in wills, trusts, and estate planning
Regulated estate planning specialists, not unqualified will writers
Transparent, fixed-fee pricing
Home visits available across London and the South
Full-service packages including probate, LPAs, and secure document storage
FAQs: Quick Answers to Common Questions
Q: Can I set up a trust without an estate planning specialist? A: It’s possible, but risky. Trusts are legally complex and must be tailored to your needs. DIY options often fail when challenged.
Q: Can I change my trust later? A: Some trusts allow flexibility (like discretionary trusts), but others are fixed. We’ll guide you through what’s right for you.
Q: Will my trust avoid inheritance tax? A: Some trusts can reduce or delay tax liability but not all. Tax efficiency depends on structure, timing, and size of your estate.
Final Thoughts: Plan with Confidence
A will gives you control. A trust gives you protection. Together, they ensure your wishes are respected, your family is supported, and your legacy is secure.
Whether you need to review an existing will, add a trust, or start from scratch, we’re here to help.
📞 Book your free consultation today 👉 Speak to a wills and trust expert 👉 Explore our full range of estate planning services
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