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Assets held in trusts

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  • Assets held in trusts

    Does probate still need to be obtained if deceased's assets are held in trusts?
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  • #2
    If the assets are held in a discretionary trust they form no part of the deceased's estate, but if they are held in a bare trust and the deceased was the beneficiary of that trust, them the trust forms part of the deceased's estate

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    • #3
      Thanks Des, if the deceased's assets are held in a discretionary trust would there still need to be a will?

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      • #4
        No need for a will as all will be dealt with under the intestacy rules.

        Is this an ongoing situation, or are you looking to the future?
        If the latter and the trust has not yet been set up I would recommend professional advice

        If the trust has already been set up, does it allow for additional beneficiaries to be appointed?
        On the passing of the sole beneficiary the trust assets pass to the deceased's estate.

        trust law and tax situation is complicated and if you are unsure it is best to obtain professional help

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        • #5
          I was just seeking clarification as the probate register shows a grant only against someone I know despite their estate being valued at a million +

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