Rise in demand among testators to have a greater degree of control

The law Society reports an increasing number of Trust clauses within wills that specify when and how an inheritance is paid, showing a rise in demand among testators to have a greater degree of control over their inheritance once they have passed away.

This rise in Trust clauses may be due to increasing values of property, meaning people are inclined to take more care when passing on their wealth. The trend could also be caused by a rise in second and third marriages: more complicated family arrangements make for more complicated relationships and wishes of the testator.

“Parents often feel the importance of their children being ready to receive a large sum of money and to have the means to manage it sensibly and effectively.”

Testators frequently make inheritance conditional on the beneficiaries achieving certain things, such as buying a home, setting up a business, or marrying. Some clauses also protect the testator’s wealth from the “gold-digging” of potential future partners.

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