Pitt v Holt - Conwy Wills and Trusts Ltd

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

Principal 22 January 2026

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

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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.

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