A trust can allow you the ability to keep control of certain assets and to determine who they will ultimately benefit. It can be a useful tool in both tax planning and family asset management. A trust does not have to be complicated to achieve its aim.

Just some of the everyday occasions where a trust might be useful are:

  • to allow a person to continue to live in a house until they die (or choose to leave), and then arrange what will happen to that asset or its proceeds of sale after that
  • to direct assets to children from a previous marriage or relationship but to exercise some degree of control over when they will be paid and upon what conditions
  • to provide for a person who is (or will be) disabled and would not be able to manage his or her own affairs without help from trustees

A trust can accomplish all of these tasks, and different degrees of influence and discretion can be awarded to the trustees as may be required.  As a donor you can also express your wishes in a less formal ‘letter of wishes’ which (along with the trust deed itself) will be there to guide and assist the trustees when they come to make decisions concerning the trust and its assets.

If the event is to take place after the death of the donor then the trust can be incorporated into a will – or it could be set up in the donor’s lifetime as an active trust or as a ‘pilot trust’ (a trust deed containing all of the required wishes but awaiting the receipt of funds).

We can assist with all of these aspects.


Trusts Team

Mark Butson


Mark qualified as a solicitor in 1985 and has been a partner since 1990. He is now our senior partner.

He has expertise in the preparation of wills, and has considerable experience in the administration of estates, deeds of family arrangement and related inheritance tax issues. He can provide advice where there is no will, and also where a will becomes contested.

He regularly advises upon the creation and tailoring of Lasting Powers of Attorney, and in relation to Court of Protection applications where the person concerned no longer has the ability to manage their own affairs.

Mark advises in all aspects of conveyancing (both commercial and residential), including development and with commercial landlord & tenant transactions. He has experience of dealing with contested issues before the First-tier Tribunal of the Property Chamber, and in relation to boundary and rights disputes concerning property and ownership claims – including those by adverse possession.

He also regularly assists small businesses in the practical resolution of employment issues.

Tel: 01289 301284
Email: mtb@tcsmith.co.uk