Discretionary Trust Will for a married person or civil partner (pair)

Create two last Will and testaments that form discretionary trusts to protect your property

About this service

A 'Discretionary Trust Will' is suitable if you want to create a trust into which a share of your marital home is placed in order either to protect against assets being used by a local authority to cover the cost of residential nursing care for your spouse/civil partner, or to ensure that children from a previous relationship are provided for. However, you can only use this Will if your share of the marital home is worth over £50,000 after deduction of any mortgage. It will also let you leave instructions about what should happen to your remaining estate when you die. For example, it lets you specify who should inherit belongings and property, and how your money should be distributed. You can also name a guardian for any children under the age of 18 and appoint an executor or executors – people who will be responsible for implementing the instructions in your Will and for the administration of your estate.

This product is suitable for use in: England Wales

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    • 1 Your document reviewed by our team of legal professionals within 3 working days
    • 2 Access to our team for advice over the phone
    • 3 Helpful explanations and guidance throughout
    • 4 Customer services advisors on hand to answer any service queries
    • 5 Secure online document storage, tracking and print facility
Prefer to call us for advice or prepare a document by phone? 0800 612 3556

Included in this service:

  • 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.

  • Letter of wishes

    A letter of wishes is an informal letter addressed to your executors or to the trustees of any trust created by your Will. It is used to tell them what you would like to happen following your death. Unlike your Will, the letter of wishes does not become publicly available when you die. It can be used to help or guide your executors or trustees on pretty much anything you wish. It does not interfere with or restrict the discretion of the executors or trustees in any way.

  • Notice of severance of a joint tenancy
    This document is used to sever a 'joint tenancy' of property and, if the property is registered, to register that change at the Land Registry. This converts a joint tenancy into a tenancy in common. This document creates two copies of a notice of severance and, if the property is registered at the Land Registry, a form SEV and a covering letter to the Land Registry. This document can only be used in in relation to property in England or Wales, of which there are one or two owners and two joint tenants. Land Registry forms are reproduced with the permission of HM Land Registry.
  • Pair of Discretionary Trust Wills Pack Instructions
    Comprehensive instructions on how to use our Discretionary Trust Wills, including signing and witnessing instructions and information on auxiliary documents.
Compatible region(s): England Wales

Before you begin

Take a look at our Will writing guide to find out what's involved and what you need to do to prepare.

This service takes about 45 minutes

You can try the service out beforehand, and can save your progress at any time and come back to the document later.

We're here to help

Your document will be reviewed by our legal experts, and you can call us at any time

How MyLawyer works

  1. Fill in an questionnaire online Answer the straightforward questions at your convenience
  2. Submit to a team of legal professionals Our team will advise you and approve your document
  3. Print and sign your document Once approved, simply print and sign your document

See how we helped Jasmin & Nicolas

"Now that we have made our Will we feel much more secure and reassured. And at the end of the day it was a very easy process for us."

Jasmin & Nicolas F, London

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