What Should I Ask a Solicitor About Setting Up a Trust?
You do not need to understand succession law before speaking to a solicitor.
You do not need to understand succession law before speaking to a solicitor.
A useful first meeting should help the solicitor understand your family, assets and concerns, then explain the legal options and consequences in language you can follow.
Preparing a few facts and questions beforehand can make that conversation far more useful, particularly where there is a blended family, property, a disabled beneficiary, an existing trust or concern about future capacity.
Begin by explaining the outcome, not prescribing the document
Instead of saying “I need a discretionary trust”, try explaining the concern.
“I want my partner to be secure but I also want my children from my first marriage to be considered.”
“I am worried about how my disabled son would manage an inheritance.”
“I own a house with my partner and do not know what happens to my share.”
“I want to know who could manage things if I lost capacity.”
This allows the adviser to consider the legal route rather than simply being asked to produce a document you may not need.
What should I take with me?
You do not need a perfect file, but useful information can include:
any existing will, codicil, trust deed or LPA;
a simple family tree, including previous relationships and stepchildren;
a broad list of property, savings, investments, pensions and significant debts;
details of jointly owned property and, if known, how it is held;
information about a business or overseas assets;
relevant benefits or care arrangements for a disabled or vulnerable beneficiary; and
the names of people you are considering for roles such as executor, trustee or representative under an LPA.
Questions about a will
You might ask:
Does my current will still work after changes in my family or circumstances?
Which of my assets would actually pass under the will?
What happens if a beneficiary or executor dies before me?
How would marriage, civil partnership, divorce or jointly owned property affect the position?
If I have children from different relationships, how do the legal options differ?
The purpose is to understand consequences, not simply obtain a signature-ready document.
Questions if a trust is being discussed
Ask why a trust is being suggested and what problem it is intended to solve.
Who would legally own and control the assets? Who can benefit? What discretion would trustees have? When could the trust end? What happens if a trustee can no longer act?
Ask about tax, Trust Registration Service obligations, professional fees and ongoing administration.
If benefits, social care or a vulnerable beneficiary are involved, ask whether specialist benefits, tax or financial advice is also required.
Questions about LPAs and future capacity
If future decision-making is part of the conversation, ask about the difference between the two LPAs and what powers each would give.
Discuss who you are considering appointing, whether more than one person would be involved, how they could act and what happens if one can no longer do so.
If somebody has already lost capacity, say that at the outset. Making an LPA and applying to the Court of Protection are different processes.
Ask about cost and what the solicitor is actually doing
Before proceeding, understand the scope of the work.
Ask what the quoted fee includes, whether VAT or other charges are additional, whether tax advice is included, who will carry out the work and what future costs a trust or other arrangement might create.
A low initial drafting price is not necessarily the whole lifetime cost of an arrangement.
Do not be afraid to ask for plain English
Words such as intestacy, residue, life interest, discretionary trust, settlor, deputy and testamentary capacity may be routine to the adviser but unfamiliar to you.
Ask what a term means and what practical difference it makes.
A particularly useful question is: “Can you explain what would actually happen in my family’s situation if I chose this option?”
That turns legal terminology back into real life.
Take time before making important decisions
Unless something is genuinely urgent, you should understand what you are signing and why.
Ask for clarification if the consequences are unclear. If the arrangement is complicated or involves significant assets, tax, care funding or competing family interests, additional specialist advice may be appropriate.
MH360’s role is to help you arrive at that professional conversation better prepared, not to decide which legal solution you should choose.
Last reviewed
5 September 2026
Important legal informationThis guide provides general information only and does not constitute legal advice. It is not intended to recommend any particular legal arrangement, course of action or solution. Wills, inheritance, trusts, powers of attorney, mental capacity and related matters can have significant legal and financial consequences, and the appropriate approach will depend on individual circumstances. Professionally qualified legal advice should be sought before making, changing or acting upon important legal arrangements or decisions.