Discretionary Trust Will for a married person or civil partner

Use this Will if you're aged 18 or above, married or in a civil partnership, and want to create a discretionary trust of your general nil rate band. This may, for example, be done:

1. To try and restrict a local authority from accessing funds/assets derived from your estate to cover the cost of long-term medical or nursing care for your surviving spouse/civil partner; or

2. To ensure that gifts intended for children/grandchildren from a former relationship are received by them, without the danger of the surviving spouse/civil partner reducing the amount that goes to them.

In addition, you can make as many gifts of money and specific items as you like. You can leave the residuary estate (i.e. what's left after gifts and after deduction of the amount going into the discretionary trust) to as many people as you like, either in equal or unequal shares. You can also appoint guardians for your children and make provisions for the care of pets.

Please note that in order to use this document, your net estate must be worth more than £50,000.

This document is only suitable for use in England & Wales, and Northern Ireland. Those with spouses/civil partners domiciled outside the UK should seek tax advice, as modified inheritance tax rules apply.

  • The ability to draft your document using our simple questionnaire based process
  • No long winded forms to fill in; the document is created in front of you
  • Helpful legal information and guidance notes take you through the drafting process
  • You manage the development, completion and storage of your document

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