Areas of Law / Wills and Probate

I have four small properties to leave to my son. Would a trust of some kind be a protection against inheritance tax, and would it mean that he would not be forced to sell if he were claiming any state benefit? Who would have to serve on the trust, and what else is involved?

This is a complicated area and you should discuss what you have in mind in detail with a solicitor specialising in trusts and financial planning. A discretionary trust may be the answer as regards the question of state benefits, but capital in a discretionary trust can still attract an inheritance tax charge. You may be able to create separate trusts, or a different type of trust, depending on your son’s age and the amounts involved.

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