Wills & Family
Who should I choose as executor if I don’t trust my family?
Not everyone has a relative they would trust to handle their estate. Here is how to think about other options, from friends to professional executors.
Trusts can be liable for Income Tax, Capital Gains Tax and Inheritance Tax, and the rules depend on the type of trust. Trustees are usually responsible for reporting and paying any tax due.
A trust is treated as a separate taxpayer for many purposes. GOV.UK explains that trustees are responsible for reporting and paying tax on behalf of the trust. The main taxes that can apply are:
Stamp Duty Land Tax (or Land Transaction Tax in Wales) may also apply where land or property is bought.
The type of trust makes a big difference. If you are unsure which type you are dealing with, our guide to the main kinds of trust is a useful starting point.
All figures below come from GOV.UK at the time of writing (October 2026) and can change.
With a bare trust, the beneficiary is usually taxed on the income as if it were their own. There are special rules where a parent sets up a trust for their own child.
GOV.UK lists rates for these trusts of 20% on most income and 10.75% on dividends (the dividend rate was 8.75% up to 5 April 2026). The beneficiary entitled to the income may then pay more, or reclaim some, depending on their own tax position.
GOV.UK shows a trust rate of 45% on most income and 39.35% on dividends. Most trusts do not pay Income Tax on income up to a tax-free amount, normally £500, and this is shared out where a settlor has set up several trusts. Trustees do not get the dividend allowance. Read more in our guide to how discretionary trusts work.
Trustees may pay Capital Gains Tax when they sell or transfer trust assets that have gone up in value. GOV.UK shows a trustees’ tax-free allowance for the 2026 to 2027 tax year of:
Some reliefs may be available, depending on the assets and the trust type.
Many trusts fall under what HMRC calls the “relevant property” rules. Under these, GOV.UK explains that Inheritance Tax may be due:
Some trusts are treated differently, such as certain trusts for disabled people or bereaved minors, and some older interest in possession trusts. Where a trust holds business or agricultural property, changes to business and agricultural relief that took effect from 6 April 2026 may also be relevant. These areas need specialist input.
Where a trust has income or gains to report, trustees usually file a Trust and Estate Self Assessment tax return (SA900). GOV.UK gives deadlines of 31 October for paper returns and 31 January for online returns. Many trusts also need to be on HMRC’s register. Our guide to Trust Registration Service rules explains who must register and when.
A discretionary trust holds savings that earn interest, plus some shares. The trustees work out the income, check whether it is above the tax-free amount and report it on the trust’s tax return. Later, they sell some shares at a gain. They compare the gain with the trustees’ Capital Gains Tax allowance. Ten years after the trust began, they check whether a ten-year anniversary charge applies. A professional often helps with each of these steps.
Beneficiaries may also have tax to think about. When trustees pay income to a beneficiary, it may come with a tax credit. Depending on their own income, the beneficiary may owe more tax or be able to reclaim some. GOV.UK has a page on beneficiaries paying and reclaiming tax.
Trust tax is one of the more technical areas of UK tax. It is often worth getting advice from a chartered tax adviser, an accountant or a solicitor with trust experience if:
WillHarbour does not give tax advice, and nothing here should be taken as a recommendation for any particular arrangement.
If you would like to talk this through with someone qualified, you can read more about how we can help with trusts, or answer a few short questions in our trusts questionnaire. WillHarbour is an introduction service, not a law firm. With your permission, we share your enquiry with up to three suitable firms, which will explain their own fees and their referral arrangement with us before you decide anything.
No. It depends on the type of trust, when it was set up and what it holds. Many trusts fall under the relevant property rules, which can involve charges on entry, every ten years and on exit.
The trustees are responsible for reporting and paying tax on behalf of the trust. With a bare trust, the beneficiary is usually taxed on the income instead.
Yes. Rates and allowances can change each tax year. The figures in this article reflect GOV.UK at the time of writing (October 2026), so always check the latest guidance.
Not always. A return is usually needed where the trust has income or gains to report, or HMRC asks for one. A professional or HMRC can confirm what applies.
This guide is general information about the law in England and Wales at the time it was last reviewed. It isn’t legal, tax or financial advice. For advice on your own situation, speak to a qualified professional.
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