IMPORTANT NOTICE- CORONAVIRUS

A message to our clients:

In light of the current climate and the uncertainty surrounding COVID-19 we wanted to reassure all our clients that we are committed to following the Government guidelines and advice from the World Health Organistation as we get it.

Currently we can continue to operate our business as usual across all the services that we offer our clients, both current and prospective. We will be monitoring this and will be adapting to the situation as it presents itself in the coming months.

Current advice is to limit direct contact with clients which means that we request that you do not attend our offices unless it is essential and agreed in advance by one of our directors.

We request that to help enable us to fight the spread of the virus all communication is by email, telephone or post until further notice. The health of our clients and our staff is of the highest importance to us so we hope that you can respect our request.

Our family and wills/probate solicitors will continue to offer initial advice for up to one hour (as advertised on this website) but by telephone only. Please call us if you would like to speak to one of our experts. If you have a case in court please telephone us so we can discuss representation.

We appreciate your patience, support and understanding. Stay safe and thank you for your co-operation.

Talk to a solicitor today 0117 973 1391

A trust is a legal arrangement by which property is held and administered by a trustee on behalf of a beneficiary or group of beneficiaries. Battrick Clark Solicitors of Bristol have the professional legal knowledge and experience needed to manage all aspects of drawing up, managing, enforcing and dissolving trusts.

How is a Trust established?

In England and Wales, a trust can be formally established by means of an agreement set out in writing in a legal document called a Trust Document, Deed of Trust or Declaration of Trust. We can draft this for you.

What qualifies as trust property?

Trust property may consist of physical goods, land and built property, liquid assets, accumulated income or any combination of the above.

Who owns property held in trust?

The property has traditionally been, and remains, nominally owned by the trustee; but since the property is held for the exclusive benefit of the trust beneficiary, the beneficiary is considered to have a kind of equitable ownership of it. Thus, in effect the property is dually owned by trustee and beneficiary.

What kinds of beneficiaries are valid?

Beneficiaries must be either identified living individuals, or impersonal purposes permitted by law. Impersonal purposes permitted by law must in almost all cases be ones of a recognisedly charitable nature, as delimited by the Charities Act 2006. Trusts drawn up in favour of impersonal purposes that do not meet these criteria are likely to be found invalid.

Types of trusts

An express trust is any set out in express (i.e. specifically stated) terms. This contrasts with a trust legally inferred from the dealings of the parties involved, known as resulting or constructive trusts depending on the specific circumstances.

A discretionary trust is one in which the identities and / or entitlements of the beneficiaries are variable, depending on rules laid out in the Trust Document, at the discretion of the trustees.

A bare trust is a trust in which beneficiaries are immediately and absolutely entitled to both the capital and income of the trust. The trustees have no discretion over the distribution of assets, and must adhere strictly to the instructions set out in the Trust document.

A charitable trust is one whose beneficiary is a charitable purpose and not an identifiable individual or individuals. Charitable trusts are also always public trusts.

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