Estate Planning and Trusts Solicitors
If you want to protect your assets, provide for your family, and manage your estate in a tax-efficient way, our solicitors, with over 20 years of experience in private client law across England and Wales, can help.
Estate planning in England and Wales is the process of arranging your financial and personal affairs so that, on your death or loss of capacity, your estate passes to the people you intend and in the manner you choose. That process typically involves drafting a valid will, establishing trusts, making lasting powers of attorney, and taking steps to manage exposure to inheritance tax. Without a plan, the law determines what happens to your estate, and the result may not reflect your wishes or those of your family.
Trusts are legal structures recognised under English law that allow one person (the trustee) to hold and manage assets for the benefit of another (the beneficiary). Trustees owe statutory duties under the Trustee Act 2000, including a duty of care and specific investment duties. The use of trusts in estate planning can serve a range of objectives, from protecting assets for vulnerable beneficiaries to holding land under the Trusts of Land and Appointment of Trustees Act 1996, to structuring arrangements that may reduce or defer exposure to inheritance tax.
At Law Lane Solicitors, our private client team advises individuals, families, and business owners from our offices in Stratford, High Holborn, and Croydon. Founded in 2015, we are regulated by the Solicitors Regulation Authority. Our reviews show a 4.95 rating from over 1,200 reviews.
What does our estate planning and trusts service cover?
Our team advises on the full range of estate planning and trust work in England and Wales, from straightforward wills and lifetime trusts to complex multi-generational arrangements. We advise on the following matters:
- Will drafting, including testamentary trusts, specific and residuary gifts, and provisions for minor and vulnerable beneficiaries, ensuring validity under the Wills Act 1837
- Discretionary trusts, giving trustees flexibility to allocate income and capital among a class of beneficiaries, often used for inheritance tax planning and protecting assets for future generations
- Life interest trusts (also called interest in possession trusts), where one beneficiary is entitled to income for life and the capital passes to another beneficiary on their death, commonly used for second-marriage families
- Bare trusts, holding assets on trust absolutely for a named beneficiary who can call for the assets once of age
- Trusts of land governed by the Trusts of Land and Appointment of Trustees Act 1996, including advice on co-ownership, beneficiaries’ occupation rights, and the appointment and retirement of trustees
- Trustee advice, including duties of investment and care under the Trustee Act 2000, the exercise of trustee powers, and trustee changes
- Inheritance tax planning advice, structured around general principles of gifting, trust structures, and the use of exemptions and reliefs, without giving advice on specific tax rates or thresholds that are subject to change
- Lifetime giving strategies, including potentially exempt transfers and the use of annual and other exemptions under general inheritance tax principles
- Estate administration, including obtaining grants of probate and letters of administration under the Administration of Estates Act 1925, collecting and distributing assets, and settling liabilities
- Reviewing and updating existing wills and trust deeds to reflect changed family circumstances, legislation, or assets
Why choose Law Lane for estate planning and trusts?
Estate planning is one area of law where getting the structure right at the outset matters enormously. A will that fails to meet the execution requirements of the Wills Act 1837 is invalid; a trust that is not properly constituted cannot achieve its purpose; and a plan drafted without regard to current tax principles may produce unexpected consequences. Our solicitors approach every estate plan by first understanding the client’s family, assets, and objectives, and then building a structure that is legally sound, practically workable, and properly documented.
We work across a wide range of client situations, from straightforward single-asset estates to multi-property portfolios, business interests, and assets held in more than one jurisdiction. Where an estate includes land co-owned with others, we advise on the form of co-ownership and the implications for the client’s estate plan under the Trusts of Land and Appointment of Trustees Act 1996. Where a client has dependent family members who require protected provision, we advise on the use of discretionary trusts and their interaction with means-tested benefits.
Our solicitors include specialists in both contentious and non-contentious private client work. That breadth means that when a dispute arises, whether over a trust account, a co-owned property, or the validity of a lifetime gift, we can advise on both the management of the arrangement and the options for resolving the dispute, without the client needing to move to a different firm.
Get in touch
Our private client team is ready to advise you on estate planning, will drafting, and trust structures today. We take time to understand your family and your assets before recommending any structure, and we ensure every document we produce is properly executed and fit for purpose.
Phone: 020 7870 4870 or email: info@lawlanesolicitors.co.uk
Law Lane Solicitors is proud to be accredited under The Law Society’s Immigration and Asylum Accreditation.
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Frequently Asked Questions – Estate Planning & Trusts
What is estate planning and why do I need it?
Estate planning is the process of putting in place legal arrangements to ensure that your assets pass to the people you intend, on the terms you choose, and as efficiently as possible. Without a valid will, the intestacy rules under the Administration of Estates Act 1925 determine who inherits your estate. Those rules do not provide for unmarried partners, do not account for your personal wishes, and may not produce the result you would have wanted for your family.
What is a discretionary trust and when is it useful?
A discretionary trust is a trust in which the trustees have power to decide how to distribute income and capital among a class of beneficiaries. The beneficiaries have no fixed entitlement until the trustees exercise their discretion. Discretionary trusts are commonly used in estate planning where flexibility is needed, for example to provide for beneficiaries whose circumstances may change, to protect assets for a vulnerable person, or as part of a longer-term inheritance tax planning arrangement.
What duties do trustees have?
Trustees owe a statutory duty of care to beneficiaries under the Trustee Act 2000. That Act also governs trustees’ investment powers, requiring them to consider the standard investment criteria and to take proper advice before investing trust assets. Trustees must act in the interests of the beneficiaries, avoid conflicts of interest, and keep and distribute trust accounts. Breach of these duties can give rise to a claim for breach of trust.
Can I change my will once it has been made?
Yes. A will can be changed at any time provided you have the mental capacity to do so and the new will or codicil is properly executed under section 9 of the Wills Act 1837. A will is revoked automatically by marriage or civil partnership unless made in contemplation of that marriage or partnership. Divorce or dissolution revokes any gift to a former spouse or civil partner and any appointment of them as executor, though the rest of the will remains valid.
What happens to co-owned property when one owner dies?
It depends on whether the property is held as joint tenants or tenants in common. If held as joint tenants, the deceased’s share passes automatically to the surviving owner by right of survivorship, outside the will. If held as tenants in common, the deceased’s share forms part of their estate and passes under their will or intestacy rules. The distinction is significant for estate planning, and we advise clients on the most appropriate form of co-ownership for their circumstances under the Trusts of Land and Appointment of Trustees Act 1996.
Can someone challenge a trust or lifetime gift?
Yes. A lifetime gift or trust can be challenged on grounds including lack of capacity, undue influence, or, after death, under the Inheritance (Provision for Family and Dependants) Act 1975 where assets were transferred with the intention of defeating a dependant’s claim. The courts have powers to set aside or vary transactions in appropriate cases. We advise both those who wish to protect an arrangement and those who believe a claim may be available.
Is inheritance tax advice included in estate planning?
Our estate planning advice includes a general discussion of how inheritance tax principles apply to your estate, the effect of different trust structures, and the general categories of exemptions and reliefs that may be relevant. We do not give standalone tax advice, but we work with accountants and tax specialists where specific tax planning requires input from a tax adviser. We are clear from the outset about what falls within our retainer and what requires a separate specialist.
What is estate administration and when does it arise?
Estate administration is the legal and practical process of collecting and distributing a deceased person’s assets after death. It involves obtaining a grant of probate (where there is a will) or letters of administration (where there is no will) from the Probate Registry under the Administration of Estates Act 1925, settling the deceased’s liabilities, dealing with tax, and distributing the estate to the beneficiaries. We act as solicitors to executors and administrators and can carry out the full administration or advise on specific aspects as needed.
How much does an initial consultation cost?
We offer a fixed-fee initial consultation for estate planning and trusts matters. At that meeting, we will review your current position, discuss your objectives, and give you a clear picture of the work involved and the likely costs. Please get in touch to arrange a convenient time.
Private Client Team
Tahir Shahab Khan
Supervising Director, Solicitor AdvocateView Profile | ContactBook Appointment
Nehal Shah
ParalegalView Profile | ContactBook Appointment
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