Trust Structure - 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.

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.

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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.

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