Our Expertise

Trusts & Estate Planning

Expert Legal Problem Solvers

Extensive Professional Industry Experience

Strategic & Tactical Legal Advisory Services

What we do best

Over 10 years of experience.

Trusts are usually set up by clients as a means of managing their assets, to pass them on while they are alive and to ensure that specific people benefit from those assets upon their death.

Trusts are sometimes regarded as being complex, however they are vital instruments to assist with the controlled administration of wealth. For example, trusts can control the distribution of assets over time; defer children’s inheritance until a specified age; assist in making charitable donations; protect a family business; or reduce tax liabilities.

Trusted & Trained Barristers

Where property assets and interests are already in your possession and the objective is to either hold and/or transfer these from one generation to another; or between parties in a safe, secure and tax efficient manner, our members at Mercantile Barristers can design creative estate management and trust structures that meet and often exceed your expectations.

Upon creation, trusts must be correctly and diligently monitored and administered. Settlers of trusts appoint trustees to manage the trust for the benefit of the beneficiaries.

Our barristers can offer advice on

Our barristers can offer advice on: the administration of trusts; applications to vary trusts (if, for example, it is no longer possible to carry out the settlor’s wishes); asset recovery, tracing claims for trustees and if necessary,

Obtaining freezing injunctions
Breach of trust claims
Duties of trustees
Misappropriation of Trust or Estate property
Removal of trustees
Restitution of Trust funds
Sham Trusts

Why Choose Us

Our Direct Access Barristers

Multifaceted & Interdisciplinary

Our barristers in London are cross qualified so you don’t have to go from one solicitor’s office on the High Street to barristers’ chambers at the Inns of Court.

Excellent Value

A barrister usually has lower overheads, so this will usually be more economical than retaining the solicitor alone and will cost less than instructing both.

Maximum Efficiency

You get the earliest possible direct access to the specialist – not just when a problem gets to Court. This could save you the headache, heartache and expense of avoidable litigation.

Full Transparency

You will normally know in advance the basis upon which the work will be charged, as well as your advisors view on likely prospects of success.

How we're different

Value Adding Approach

Our Approach

Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient, and affordable professional services. All clients conduct their affairs within a legal context, and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.

Mercantile Barristers - Process of Lquidation

Swift & Decisive

Whether by adjudication, arbitration, or litigation, Mercantile Barristers members will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.

Private Clients

Case Studies

Private Client Case Studies

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Private Clients

Frequently Asked Questions

Explore all FAQs

How do I avoid probate without a trust?

There are various things you can do to reduce the value of your Estate, which may bring it below the Probate threshold. This includes creating Trusts or making gifts during your lifetime.

Why create a trust instead of a will?

Unlike a Will, which comes into effect when you die, your assets are transferred to certain types of Trusts during your lie, and continues to hold the trust property after your death.

Although you no longer own the assets (because your Trust does), you still have access to them during your lifetime. You can instruct your Trust to pay income to you and, on your death, your Trustee – or Successor Trustee, if you were the original Trustee – is instructed to divide whatever is left to your beneficiaries, according to your instructions.

What are the pros and cons of a trust?

There advantages and disadvantages for both a will and a trust which vary according to circumstance. For example, a Trust can be used to avoid probate and reduce Estate Taxes. Alternatively, a Will can help you to provide financial security for your loved ones and enable you to pay less Inheritance Tax.

What is the difference between a trust and estate planning?

A Trust is a legal arrangement in which you need to appoint a Trustee, or Trustees, who will be responsible for holding and managing your assets. Estate Planning is the term given for the general management of any estate.

There are many different types of Trusts, such as Bare Trusts, Discretionary Trusts, and Accumulation Trusts, and the rules around them, including potential tax implications, are complicated. As a result, you should seek professional advice if this is something you are considering.

What is the purpose of a trust in estate planning?

A Trust is a legal arrangement in which you need to appoint a Trustee, or Trustees, who will be responsible for holding and managing your assets. Trustees have a responsibility to manage the Trust on behalf of and in the best interests of the beneficiaries in accordance with any Trust terms.

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