Discretionary Trust

Discretionary Trust

At Solutas Legacy, we understand that every family’s circumstances are unique — and so are their financial needs. A Discretionary Trust offers flexibility and control over how your assets are managed and distributed, ensuring your loved ones are supported in the way you intend, both now and in the future.

What Is a Discretionary Trust?

A Discretionary Trust is a legal arrangement that allows you (the settlor) to transfer assets into a trust for the benefit of chosen individuals or groups (the beneficiaries).
Unlike fixed trusts, the trustees have the discretion to decide how, when, and to whom funds or assets are distributed, based on your guidance.

This flexibility makes Discretionary Trusts particularly valuable for families with complex needs or changing circumstances.

At Solutas Legacy, we work alongside a Trusted Solicitor who prepares and executes the legal documentation required to establish your Trust and ensure that all regulated legal work is completed correctly and in accordance with UK law.

Why Set Up a Discretionary Trust?

Discretionary Trusts are an effective estate planning tool that can:

  • Protect Vulnerable Beneficiaries: Ideal for children, individuals with disabilities, or those unable to manage finances responsibly.

  • Preserve Family Wealth: Safeguard assets from divorce settlements, bankruptcy, or financial mismanagement.

  • Control Distribution: Trustees manage when and how beneficiaries receive funds, preventing misuse of inherited wealth.

  • Reduce Tax Liabilities: Properly structured trusts may offer inheritance tax advantages and asset protection.

  • Maintain Flexibility: Trustees can adapt decisions as family or financial circumstances evolve.

Why Choose Solutas Legacy?

At Solutas Legacy, we combine professional expertise with a personal, compassionate approach. Our experienced estate planning specialists:

  • Explain the trust structure clearly, without jargon.

  • Tailor the arrangement to suit your family’s needs and financial goals.

  • Collaborate with a Trusted Solicitor to draft and execute the necessary trust documents.

  • Ensure compliance with UK trust and tax regulations through our solicitor partners.

  • Provide ongoing guidance and administrative support to trustees, if required.

We make establishing a Discretionary Trust straightforward, secure, and stress-free — giving you peace of mind that your estate will be managed exactly as you wish, with all legal formalities completed by a Trusted Solicitor on your behalf.

Types of Lasting Power of Attorney

In the UK, there are two main types of Lasting Power of Attorney, each designed to protect different aspects of your life and wellbeing. Many people choose to have both in place for complete peace of mind.

Property and Financial Affairs LPA

This type of LPA allows your appointed attorney(s) to manage your financial matters and property. It ensures your money, assets, and day-to-day finances are looked after responsibly if you’re unable to do so yourself.

Health and Welfare LPA

This LPA gives your chosen attorney(s) the authority to make decisions about your health, care, and personal welfare — but only if you are no longer able to make those decisions yourself.

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Common Questions about Discretionary Trust

What is the main purpose of a Discretionary Trust?

A Discretionary Trust allows you to protect your assets while maintaining flexibility over how and when they are distributed. It gives your appointed trustees the discretion to decide which beneficiaries receive funds and in what proportions, based on your wishes and their circumstances at the time.
At Solutas Legacy, we can guide you through understanding and planning a Discretionary Trust, while working with a Trusted Solicitor who will prepare and execute all the regulated legal documents required to establish the trust correctly.

This type of trust is particularly suitable for individuals who wish to provide for family members with differing needs — such as children, vulnerable dependants, or beneficiaries who may not yet be financially responsible. It can also help protect assets from divorce, creditors, or future tax complications.
We’ll help you explore whether this option aligns with your goals, and our Trusted Solicitor will handle the legal setup and registration of the trust on your behalf.

Yes, you may act as a trustee of your own trust. However, it’s advisable to appoint at least one independent or professional trustee to ensure balanced decision-making and compliance with legal requirements.
Solutas Legacy can provide guidance on selecting appropriate trustees and will liaise with a Trusted Solicitor to ensure all formal legal appointments are completed accurately and in line with UK trust law.

Yes, Discretionary Trusts can be subject to various taxes — including Inheritance Tax, Income Tax, and Capital Gains Tax — depending on how the trust is structured and the value of its assets.
While we do not provide regulated tax or legal advice directly, Solutas Legacy works with a Trusted Solicitor and relevant tax professionals to ensure that your trust is created and managed in a compliant and tax-efficient manner.

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