ResearchIncome TaxGuides › A family trust for succession — better t...
Income Tax · Guide

A family trust for succession — better than a will

A living family trust is often a better succession tool than a will — assets pass exactly as the deed says, immediately, without probate and with far less room for disputes.

Why a will falls short

  • A will only operates on death, and often needs probate — months or years.
  • Wills are frequently challenged.
  • No management plan if a beneficiary is a minor or can't manage money.

What a living trust does instead

  • Assets are already in the trust, so on death they continue under the deed — no probate, no delay.
  • The deed can stagger distributions, provide for minors, and set conditions.
  • A private arrangement — harder to challenge, keeps affairs confidential.
  • Consolidates scattered assets under one clear line of control.

The tax angle

Structured as an irrevocable specific trust, income during the settlor's life can also be split to the next generation at their slabs — see using a trust to save tax.

Belt and braces

Keep a "pour-over" will for any assets not yet in the trust, so nothing falls to intestacy. We design the two together.

💬