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The Truth About Trust Wills: 5 Signs You’re Being Sold Something You Don’t Need

The Truth About Trust Wills: 5 Signs You’re Being Sold Something You Don’t Need

A couple from Newport Pagnell came to see me last month. They’d been quoted £2,500 for a “property protection trust will” by another provider. The sales pitch had been impressive: protection from care home fees, safeguarding their children’s inheritance, and complete peace of mind.

There was just one problem.

They didn’t need it.

Their house was worth £280,000. They had no children from previous relationships. Neither had significant health concerns. A standard mirror will for £249 would have done everything they actually needed.

I told them this. They were shocked. “Why would someone try to sell us something we don’t need?”

Good question. And one you should be asking too.

What Trust Wills Actually Do (In Plain English)

Before we talk about when you don’t need one, let’s be clear about what trust wills actually do. No jargon, no legal speak.

A trust will creates a legal structure that controls how your assets are distributed after you die. Instead of everything going directly to your beneficiaries, some or all of it is placed in a trust, managed according to rules you set.

Think of it like this: A standard will is like handing someone the keys to your house and saying, “It’s yours now.” A trust will is like putting the house in a locked box with specific instructions about when and how the new owner can access it.

There are different types:

Property Protection Trusts aim to protect your share of a property from being assessed for care home fees. When the first spouse dies, their share goes into a trust rather than being transferred automatically to the surviving spouse.

Lifetime Trusts (also called Life Interest Trusts) let your surviving spouse live in the property and benefit from it, but ensures it eventually goes to your children rather than potentially to a new partner or their family.

Discretionary Trusts give trustees flexibility to decide how and when to distribute assets based on changing circumstances.

These can be genuinely valuable tools. The keyword is can. Not always are.

The 5 Red Flags You’re Being Oversold

Red Flag #1: “Everyone with a house needs a property protection trust”

This is the biggest myth in the will-writing industry, and it’s simply not true.

Here’s what they’re not telling you: Property protection trusts only potentially protect your half of the property value. If you own a £300,000 house jointly, we’re talking about protecting £150,000. After the nil-rate band (currently £175,000 for properties passing to direct descendants), there may be little or no inheritance tax benefit anyway.

More importantly, the rules around care home fee assessment are complex and constantly changing. Local authorities can, in some circumstances, still include trust assets in their assessment. It’s not the bulletproof protection some providers claim.

What they should be asking: Do you have significant assets beyond your home? What’s the actual likelihood you’ll both need care? Have you considered other ways to fund care?

Be suspicious if: They lead with fear about care homes without asking about your actual health, family history, or other assets.

Red Flag #2: The “free will” that costs £500 in trust fees

I’ve seen this countless times. A company offers “free will writing” but then charges £500-£800 to set up the trust structure within that will.

Here’s the truth: The trust isn’t a separate product. It’s part of the will. If they’re charging separately for it, they’re either:

  • Making the “free” will claim misleading
  • Overcharging for a standard legal structure
  • Both

A trust will is more complex than a standard will, so it’s fair that it costs more. But the pricing should be transparent and upfront, not hidden behind a “free” offer.

What honest pricing looks like: “A standard will cost £X. A will with trust provisions costs £Y because of the additional complexity. Here’s exactly what you’re paying for.”

Be suspicious if: The word “free” appears anywhere near a trust discussion. Nothing is free. You’re paying somewhere, somehow.

Red Flag #3: High-pressure tactics around care home fees

“If you go into a care home, the council will take your house to pay for it.”

This statement is designed to frighten you. And while there’s an element of truth, it’s far more nuanced than scare-mongering salespeople suggest.

First, the family home is only assessed for care fees if you’re the sole occupant. If your spouse or partner still lives there, it’s not included in the assessment.

Second, the average age of entry into residential care is 83. The average length of stay is 2-3 years. Many people die at home or in a hospital without ever needing residential care.

Third, there are other, sometimes simpler ways to plan for care costs: long-term care insurance, equity release, or simply accepting that care is a legitimate cost if you need it (just like any other healthcare).

What they should be discussing: Your actual risk profile, your age, your health, alternative planning strategies, and whether protecting your children’s inheritance is more important than ensuring you get the best possible care.

Be suspicious if: They spend more time talking about “the council taking your house” than asking about your individual circumstances.

Red Flag #4: Complexity for the sake of complexity

I once reviewed a 43-page trust will. It included three different types of trusts, multiple trustees, and provisions for scenarios so unlikely that they were essentially fiction.

The couple who brought it to me were in their 50s with two adult children, a £320,000 house, and straightforward finances. They couldn’t understand most of it. Neither could I, and I do this for a living.

Here’s a principle I work by: If you can’t explain it simply, it’s probably not right for the client.

Complex trust structures have their place. High-net-worth families, blended family situations, vulnerable beneficiaries, and business owners, these scenarios can genuinely need sophisticated planning.

But if you’re a couple with a house and some savings, passing everything to your children, and someone’s proposing a structure that requires a 30-page explanation, question it.

What appropriate complexity looks like: “Your situation is straightforward, so your will should be too. Here’s what you need and why. Here’s what you don’t need and why not.”

Be suspicious if: You need a law degree to understand what’s being proposed, or if the provider seems annoyed when you ask for simpler explanations.

Red Flag #5: No discussion of alternatives

This is perhaps the most telling sign of all.

A professional who genuinely has your interests at heart will discuss multiple options, including the one that makes them less money.

I regularly tell clients they don’t need trust wills. Sometimes I suggest waiting a few years until their circumstances change. Occasionally, I recommend they see a solicitor for more complex tax planning than I can provide.

Does this cost me sales? Absolutely. Does it build trust with families in Olney, Milton Keynes, and across Buckinghamshire? Every single time.

What an honest conversation includes:

  • Standard will options
  • Trust will options
  • DIY options (yes, really)
  • When to use a solicitor instead
  • When to wait before doing anything

Be suspicious if: Only one solution is presented, that solution is always the most expensive option, or questions about alternatives are deflected.

The 3 Situations Where You DO Need a Trust Will

Now for the balance. Because trust wills aren’t always overselling, sometimes they’re exactly what you need.

Situation 1: Second marriages with children from first marriages

This is the classic scenario where lifetime trusts really shine.

You want your current spouse to be secure and able to stay in the family home if you die first. But you also want to ensure the property eventually goes to your children from your first marriage, not to your spouse’s new partner if they remarry, or to their family.

A lifetime trust (also called a life interest trust) lets your spouse live in the property for their lifetime, but ensures your children ultimately inherit. It’s not about distrust, it’s about clarity and fairness.

Milton Keynes example: A client from Stony Stratford remarried at 58. Both had adult children from previous marriages. Without lifetime trusts, if he died first, everything would go to his wife. If she then remarried and died, her new husband could inherit everything, leaving his children with nothing. The lifetime trust ensured his wife’s security while protecting his children’s inheritance.

Situation 2: Beneficiaries who need protection

Some beneficiaries need more than a straightforward inheritance. This might include:

  • Adult children with disabilities who receive means-tested benefits
  • Beneficiaries with addiction or financial management issues
  • Young adults who aren’t ready for a lump sum inheritance
  • Vulnerable family members who might be taken advantage of

Discretionary trusts can provide ongoing support while protecting the beneficiary and ensuring the money lasts.

Situation 3: Significant estates and inheritance tax planning

Once you’re looking at estates over £500,000 (for individuals) or £1 million (for couples), inheritance tax planning becomes worthwhile.

Buckinghamshire property values mean more families are hitting these thresholds than ever before. Even a modest house in Olney or Newport Pagnell, plus some savings, can push you over.

Trusts can help legitimately reduce inheritance tax by:

  • Making full use of both partners’ allowances
  • Protecting the residence nil-rate band
  • Keeping assets out of the estate for IHT purposes

Is your Buckinghamshire property pushing you over the threshold? The 2025/26 nil-rate band is £325,000 per person, plus an additional £175,000 residence nil-rate band if you’re leaving your home to direct descendants. That’s £500,000 per person, or £1 million for a married couple.

If your house alone is worth more than these thresholds, it’s worth having a conversation about inheritance tax planning.

How to Know What You Actually Need

Here’s my honest assessment framework, the same one I use with every client who walks into our Olney office:

You probably need just a standard will if:

  • You’re in a first marriage or long-term relationship
  • You’re leaving everything to your partner, then your children
  • Your estate is under £500,000 (individual) or £1 million (couple)
  • Your beneficiaries are capable adults with no special needs
  • You have no complex assets (businesses, overseas property, etc.)

You might benefit from a trust will if:

  • You’re in a second marriage with children from a previous relationship
  • Your estate exceeds the inheritance tax thresholds
  • You have beneficiaries who need ongoing protection
  • You own a business that needs succession planning
  • You have complex family dynamics requiring careful navigation

You definitely need specialist advice (possibly a solicitor) if:

  • Your estate is over £2 million
  • You have complex business interests
  • You own overseas property
  • You have agricultural property
  • You’re involved in sophisticated tax planning

The Olney Reality Check

Let’s bring this home with some local context.

The average property price in Olney is around £380,000. For most families in our area, a standard mirror will be perfectly adequate.

Yes, property values in Buckinghamshire are higher than in many parts of the UK. Yes, this means some families are approaching inheritance tax thresholds. But “approaching” doesn’t mean you need complex trust structures right now.

I’ve worked with hundreds of families across MK46 and MK16 postcodes. The truth is that about 70% need straightforward wills. About 20% benefit from some form of trust. About 10% need specialist solicitor advice for complex situations.

If every provider is telling you that you’re in the 20-30% who need trusts, somebody’s maths doesn’t add up.

What to Do Next

If you’ve been quoted for a trust will, and you’re not sure if you need it, here’s what I suggest:

Ask these specific questions:

  1. “Can you explain why I specifically need this, given my circumstances?”
  2. “What would happen if I just had a standard will instead?”
  3. “What are the alternatives you’ve considered for my situation?”
  4. “Can you show me the cost difference between a standard will and this trust will?”
  5. “Are there any ongoing costs or responsibilities with this trust?”

If you get clear, honest answers that make sense for your situation, great. If you get deflection, pressure, or complexity instead of clarity, that’s your answer.

Why We’re Telling You This

You might be wondering why Maple Wills would write an article that talks people out of buying more expensive services.

Simple: We’d rather have your trust than your money.

I’ve built this business in Olney, Newport Pagnell, and Milton Keynes on word-of-mouth recommendations. Every client who feels they’ve been dealt with honestly tells their friends, their bowling club, their neighbours. That’s worth far more than overselling one family on a trust they don’t need.

Plus, here’s the thing: when you do need a trust will in the future, maybe when your circumstances change or property values rise further, you’ll know exactly who to call. The will writer who told you the truth when you didn’t need one.

Honest Assessment, No Sales Pressure

If you’re still not sure what you need, or you’d like a second opinion on advice you’ve received elsewhere, I’m happy to talk it through.

No sales pitch. No pressure. No commission on trust products (because there isn’t any). Just an honest conversation about what makes sense for your family.

We offer free, no-obligation consultations at our Olney High Street office or via home visits across Buckinghamshire. Evening and weekend appointments available.

Call us on 01908 478988 or email bal.budesha@maplewills.co.uk

And if we tell you that you don’t need our services? Trust me, we absolutely will.


Frequently Asked Questions

Q: I was told I need a property protection trust because I own my home. Is this true?

Not automatically. Property protection trusts can be useful, but they’re not essential for everyone who owns a home. The decision depends on your property value, other assets, health circumstances, and what you want to achieve. Many homeowners are perfectly well-served by standard wills.

Q: How much should a trust will cost?

Prices vary, but for a straightforward Property Protection Trust trust will for a couple, expect to pay £995-£1,995 in the Buckinghamshire area. Anything significantly higher should come with a detailed explanation of complexity. Anything significantly lower might cut corners. Be very wary of “free” wills that turn into expensive trust sales.

Q: Can I add a trust to my will later if my circumstances change?

Absolutely. In fact, this is often the sensible approach. If you’re not sure you need a trust now, start with a standard will and review it when your circumstances change (property values increase, remarriage, inheritance received, etc.). Wills should be reviewed every 3-5 years anyway.

Q: Will a property protection trust definitely protect my home from care fees?

No provider can guarantee this. Local authority assessment rules are complex and change over time. In some circumstances, trust assets can still be included in care fee assessments. Anyone promising “guaranteed protection” is overselling.

Q: I’m in my 50s with a £400,000 house. Do I need a trust will?

Possibly, but not necessarily. It depends on your full circumstances: are you married? Do you have children from previous relationships? What other assets do you have? What are your care cost concerns? These questions matter more than just your property value. Book a consultation, and we’ll talk through your specific situation honestly.


Bal Budesha is the founder of Maple Wills and a member of the Society of Will Writers. He specialises in lifetime trusts for families across Buckinghamshire and beyond and has won awards for his ethical, client-focused approach to estate planning. He drinks too much coffee and believes that honesty builds longer-lasting client relationships than sales pressure ever could.

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