What kind of account is a trust account

A trust is where money or other assets are held on behalf of somebody else (known as a beneficiary). The beneficiary could be a child, an adult who lacks capacity to manage their own affairs or an organisation, and the funds held in trust could be to pay for a child’s education, to fund a house deposit or to make grants available to a local community.

Trusts usually involve three main elements:

• The settlor, or the original owner of the assets and the person who puts them into a trust and decides how they should be used. This will be set out in the trust deed.
• The trustee who manages the trust (there may be more than one) and is permitted to manage the trust on behalf of the beneficiary.
• The beneficiary, the person (or people or organisation) who stand to benefit from the trust. This can sometimes include the settlor too, in which case it’s known as a settlor-interested trust.

There are different types of trusts that all have different rules and approaches to how the trust shares income and capital held in it. Some more common types of trust include:

Bare trusts are held in the name of the trustee. However, the beneficiary has the right to the assets held within it (and any capital/income generated) from the age of 18 in England and Wales and 16 in Scotland. These trusts are often used for children, with the trustee managing the assets until the beneficiary reaches the required age.

Interest in possession trusts allow the beneficiary to receive income generated from the trust, without having ownership of the assets themselves. Usually, the person has the right to the income from the trust and/or use of the assets (e.g. live in the house) for a set period of time, often their lifetime. When that trust ends, the assets pass on to someone else.

Discretionary trusts allow the trustees to make specific decisions about how income and capital from the trust is used, such as what gets paid out and to whom, and any conditions that need to be imposed. The trustee will have control over how to use the trust assets, though there will normally still be a set of rules or deed that states the decision they can make.

You can read more about the different type of trusts on the HMRC website.

The best type of trust is one that meets your wishes and personal requirements. There is no one type that is best as such. However, Flexible Life Interest Trusts are very popular in Wills and due to the tax treatment of trusts, while Discretionary Trusts are very common when setting up trusts in lifetime.

• Trusts can be a very good way of giving assets away while providing protection against events that could cause the inheritance to be lost, such as the beneficiaries divorcing. Depending on the type of trust used, they can provide long-term protection for the trust funds and will not be affected if the beneficiaries die, divorce or are made bankrupt.
• Placing assets into trust can also have tax advantages as it can be used to protect against Inheritance Tax. For example, if a parent wishes to make a gift to a child whose estate would be subject to Inheritance Tax if they die, they could place the assets in trust so that the child has access to the funds but the funds would not form part of their estate if they die (and therefore avoid Inheritance Tax).
• Trusts can also be a very good way of protecting an inheritance for a vulnerable person. For example, a disabled person’s trust can be created that gives protection for that person.
• Trusts can also be used to protect compensation payments received in respect of personal injury claims. The funds received can be ringfenced so that they do not affect state benefits.

• By handing over control of the trust to trustees, you are losing control over the assets. Although careful drafting of trust documents can give you some control (e.g. as a trustee).
• Trusts are subject to a number of reporting requirements (e.g. trustees must register trusts with HMRC) and this can cause a significant amount of administrative work.
• Although a trust can have tax advantages, there are a number of tax disadvantages. Trusts are chargeable lifetime events and can use up your Nil Rate Band (Inheritance Tax allowance). If the value placed into trust exceeds the Nil Rate Band, it can cause Inheritance Tax to be paid immediately. Many trusts are also subject to a stringent tax regime called the ‘Relevant Property Regime’. This means that in addition to potentially paying Inheritance Tax when the trust is created, there can also be charges to Inheritance Tax every 10 years and when payments are made from the trust. Income and gains are also taxed at the ‘trustee rate’, which is currently equivalent to the highest rate of tax.

A trust can be a great way to protect assets (which could be money, land, buildings or investments) and ensure they’re spent responsibly. They’re often set up by parents wanting to leave money behind for their children, but by placing the money in a trust, it needn’t matter if the beneficiaries are too young or otherwise unable to be financially responsible – the funds can only be spent as and when the trust specifies.

A trust can also be used to pass on assets before the settlor dies, as a form of living inheritance, and can be used as part of a tax-planning strategy. It also offers the chance to give away an asset but with conditions attached, such as the gift can only be accessed at a particular age. However, bear in mind that once placed in trust, the settlor usually can’t get the items back if they change their mind, so it’s vital to be confident that this is the right course of action.

It’s a personal decision and could depend on a whole range of factors, from how much you’re hoping to leave in a trust to the potential tax implications. The rules around trusts are very complicated and it’s always wise speaking to a qualified financial adviser before you decide.

Trustees act on behalf of the beneficiary to invest and manage their money and assets. They are the legal owners of any funds or assets held in the trust, which allows them to manage these on behalf of the beneficiary. However, trustees cannot use this money for their own purposes.

They’re there to represent the beneficiary’s best interests and must conduct their decisions with the highest possible care and to the best of their abilities. If there’s more than one trustee, they all have equal status and access to the trust account.

Trustees must be clear about how the trust operates and cannot do anything outside of its rules and purpose – they have a legal duty to manage the funds in accordance with both the law and the terms of the trust.

All trustees need to make sure their records are accurate and keep accounts for at least six years (though preferably for the lifetime of the trust). They must also make sure that the trust pays any tax that is required.

A trust account – otherwise known as a trustee savings account – is an account that’s set up purely to hold the funds left in trust. Trustee savings accounts permit trustees to open and manage a savings account on behalf of a third party or beneficiary.

These accounts have rules about how the account is managed and accessed. For example, trustees could choose that any single trustee can make transactions to the trustee savings accounts, or that all trustees will need to give their permission to the bank or building society before any transactions go ahead, or that a minimum number must agree. The beneficiary cannot access their funds while these are held in a trust.

Banks and building societies may offer specific accounts to be used in trust, while others offer their standard accounts that allow management by a trustee. Banks and building societies give trustees full access to managing trustee savings accounts.

Strictly speaking you do not need a lawyer to create a trust. However, it may be wise to appoint a solicitor to set it up and verify the deed, in order to ensure that it’s legally binding and there’s no ambiguity – the rules around trusts can be very complicated and there can be significant tax consequences if you get it wrong. Therefore, it is always sensible to take professional advice beforehand.

You’ll then need to open a specific trust account to hold the funds and/or assets. You’ll need the trust deed and appropriate identification for all parties involved, and will normally need to complete an application form with your chosen provider. You may also need to provide a copy of the Will and grant of probate, if applicable.

The trust will have set parameters for when beneficiaries can receive funds. This may be upon reaching a certain age, the funds are being used for a certain purpose or as part of being awarded a grant by the trust.

Beneficiaries cannot access the funds held in trustee savings accounts and trustees cannot give permission to them to directly access these funds. Instead, the trustee must either transfer the funds from the trustee savings account to an account in the name of the beneficiary or transfer the whole account into a personal account in the name of the beneficiary.

Parents can act as trustees for their children’s savings. If a child earns more than £100 in interest in any tax year, then any excess will be taxed at the parent’s rate of income tax (though this doesn’t apply to Junior ISAs).