Pitt v Holt - Conwy Wills and Trusts Ltd

Vulnerable Person Trusts vs Discretionary Trusts: What’s the Difference and Why It Matters.

22 January 2026

Choosing the wrong type of trust can have serious and expensive consequences. The Supreme Court…

Vulnerable Person Trusts vs Discretionary Trusts: What’s the Difference and Why It Matters.22 January 2026
Choosing the wrong type of trust can have serious and expensive consequences. The Supreme Court case of Pitt v Holt is a powerful example of how well intentioned planning went badly wrong. Personal injury compensation was placed into a discretionary trust to protect benefits, but the trust triggered an unexpected and substantial tax charge that could have been avoided with the right structure. In this post, I explain the key differences between Vulnerable Person Trusts and standard Discretionary Trusts, why they are not interchangeable, and how tax and benefits treatment can vary dramatically. I also look at why careful drafting matters and how a simple mistake can lead to years of litigation and unnecessary cost. If you are planning for a vulnerable beneficiary, this distinction really matters.
How Vulnerable Person Trusts Can Protect Benefits and Long Term Security14 January 2026
A Vulnerable Person Trust can be the difference between meaningful support and an expensive mistake. Many people don’t realise that leaving money directly to a vulnerable person can result in the loss of vital means tested benefits. This type of trust allows funds to be used for someone’s benefit without being treated as theirs, protecting both financial security and entitlement to support.
Trusts and Estate Planning23 December 2025
What trusts are available, what they do, and when they make sense Trusts are not about hiding money or playing games with HMRC. Used properly, they are legal tools that help people control who benefits from their assets, when they benefit, and on what terms. Used badly, they are expensive disappointments. Below is an overview… Read more: Trusts and Estate Planning
Your Will Doesn’t Control Everything!23 December 2025
Most people assume their will controls everything after death. It doesn’t. Many assets pass automatically outside the estate — including property, pensions, and joint accounts — often overriding the will entirely. This article explains what bypasses probate, why families are often shocked, and how proper estate planning brings everything back into line.
Understanding Gift With Reservation of Benefit (GROB) – and How to Avoid the Hidden Tax Trap10 December 2025
Gifting your home or assets isn’t always the tax-saving strategy people think it is. Section 102(b) of the Finance Act 1986 means that if you still use or benefit from something you've gifted, HMRC treats it as still yours — creating a Gift With Reservation of Benefit (GROB). Our guide explains GROB, POAT, QIIP trusts, and how to plan safely without triggering hidden tax traps.
Make Life Easier for Your Executors!7 November 2025
Billions of pounds in bank accounts and investments go unclaimed each year because executors can’t find the information they need. Our guide explains what to keep with your will — so your estate reaches the right hands, not the government or the banks.
When Wills Fail. The Hidden Fortunes of Intestacy and Unclaimed Estates24 October 2025
Every year in the UK, hundreds of millions of pounds in money and property slip quietly into the hands of financial institutions and the Crown. Not because of fraud or wrongdoing, but because people die without valid wills, or because their heirs can’t be traced. This is the shadow side of intestacy, a system designed… Read more: When Wills Fail. The Hidden Fortunes of Intestacy and Unclaimed Estates
Trust, Power, and Oversight: What Harold Shipman Taught Us About Professional Integrity15 October 2025
Few names in modern British history provoke as much horror and introspection as Harold Shipman. A respected GP in a quiet English town, he was also one of the most prolific serial killers in recorded history. His crimes didn’t just shock the public, they dismantled faith in professional self-regulation and forced every profession, from medicine… Read more: Trust, Power, and Oversight: What Harold Shipman Taught Us About Professional Integrity
From Dreamvar to Digital ID: When Protection Becomes Control8 October 2025
Anyone who’s ever bought or sold a property has probably felt that twinge of frustration when their solicitor asks, yet again, for more ID. Proof of address. Proof of funds. Source of funds. Bank statements. Then, sometimes, the same all over again. It’s easy to wonder: why all the fuss? The answer lies in one… Read more: From Dreamvar to Digital ID: When Protection Becomes Control
The Curtain Principle and Why Beneficiaries Need More Than Just a Form A29 September 2025
In English land law, the curtain principle is a cornerstone of the land registration system. It makes life simple for buyers but creates a challenge for beneficiaries who want to safeguard their interests. Let’s unpack how it works and why a standard Form A restriction is often not enough protection. The Curtain Principle – Hiding… Read more: The Curtain Principle and Why Beneficiaries Need More Than Just a Form A

Tag: Pitt v Holt

Subscribe To Our Newsletter