Will vs Trust: Side-by-Side Comparison
| Will | Trust | |
|---|---|---|
| When it takes effect | On death only | Immediately (or on death if testamentary) |
| Goes through probate? | ✓ Yes | ✗ No — bypasses probate |
| Public record? | ✓ Yes — Wills become public | ✗ No — Trusts are private |
| Protects against care home fees? | ✗ No | ✓ Possible, with planning |
| Reduces IHT? | Limited | ✓ Yes — various trust types |
| Controls timing of inheritance? | Limited (age conditions) | ✓ Full control |
| ClearLegacy cost | From £89 | Not offered — solicitor recommended |
ClearLegacy prices shown are those in force from 1 October 2026 (£69 / £99 before that date).
When a Will Is Enough
For most people — a straightforward estate, a married couple, children who are adults — a Will is entirely sufficient. It names your executors, specifies your wishes, and ensures your estate passes as intended rather than under the Intestacy Rules.
When a Trust Adds Value
🏡 Care home fee protection
Place your share of the property in a Protective Property Trust via your Will. On your death, your share is held in trust for your children — not absorbed into your surviving spouse's estate, which a local authority could later use to fund care.
👨👩👧 Blended families
A Life Interest Trust lets your spouse live in the family home and use the assets — but on their death, everything passes to your children from your first marriage. Prevents a second spouse from inadvertently disinheriting your children.
💷 Inheritance Tax planning
Certain trust structures reduce IHT exposure. Gifts into a Discretionary Trust, if made 7 years before death, fall outside the estate entirely. Useful for estates above the £325,000 threshold.
🧒 Young or vulnerable beneficiaries
A Discretionary Trust allows trustees to manage assets on behalf of children who are too young, or beneficiaries who have disabilities, addiction issues, or are going through divorce — protecting the inheritance from being wasted or lost.
💡 Most clients need both: A Will to distribute your estate, and a Trust (written into or alongside your Will) to protect specific assets or beneficiaries. ClearLegacy provides Wills from £89; for trust drafting we recommend specialist advice.
Types of Trust Available
| Trust type | How it works | Best for |
|---|---|---|
| Discretionary Trust | Trustees decide how to distribute income and capital | Flexible protection for multiple beneficiaries |
| Life Interest Trust | Beneficiary gets income/use during their lifetime; capital passes on their death | Blended families, second marriages |
| Bare Trust | Assets held for a named beneficiary who gets full control at 18 | Straightforward gifts for children/grandchildren |
| Protective Property Trust | Property held in trust on first death to protect spouse's share from care fees | Married/cohabiting homeowners |
Sources & references
Authoritative UK government, HMRC, statute and Citizens Advice sources. Last reviewed: 31 May 2026.
Start With a Will
Most estates are covered by a well-made Will (£89). If your answers suggest a trust would help, we flag it and point you to specialist advice.
Start My Will — £89 Explore All ServicesCan I put my house in a trust to avoid inheritance tax?
Partly. Placing your home in trust can reduce the estate value subject to IHT — but only under specific conditions and structures. HMRC scrutinises "deprivation of assets" arrangements carefully. Start with a Will and we can advise on trust options for your situation.
Does a Trust replace a Will?
No. Even with a trust, you need a Will — especially a "pour-over" Will to catch any assets not already held in the trust at your death.