Trusts & Wills

We all must plan for the future. At the top of the list is creating a Will, closely followed by asset protection plans and trusts. 

Thinking about death is difficult and often put aside. We provide legal advice about issues to consider when planning for the future including, creating a unique future proof programme to solve any issues you have identified.

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If you are considering setting up a trust, Trollope & Co can provide expertise and experience ensuring that your asset protection plan includes a trust tailored to meet your unique circumstances and objectives.

If you're looking to create or update your will, among other things we are here to provide you with the best advice and to make the process simple and hassle-free including, ensuring your children will be cared for.

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What can we help with?

Guardians for your children

Wills are not just for the elderly. Nor are they solely about your assets. Appointing a guardian for your children is one of the biggest decisions you may ever make and one that is often overlooked. As a parent it is imperative to choose guardians for your children and to formally record your choice of guardians in your Will. 

Our job is to advise you about the powers your appointed guardians will have and how you can protect the assets and funds your children will inherit, so they can still have the life you want for them. 

Your job is to discuss with each other who you wish to appoint as guardians for your children and then talk with the people you have chosen to ask them if they are willing to take on the very important role. The next step is to immediately make or update your Will to legally record your wishes.


Trusts remain relevant and provide a useful tool to manage risk associated with holding assets. The Trusts Act 2019 adds additional obligations to the operation of a trust. We can guide you through these obligations ensuring the use of the trust is relevant to your personal circumstances. For those who already have trusts we can talk to you about whether it is necessary to continue with the trust or whether the opportunity exists to wind the trust up.

Charitable Trusts

The Charities Act determines whether your proposed activities are charitable. The Charities Commission is vigilant on the charitable objectives of the proposed trust and the associated public benefit. If you are considering establishing a charitable trust, our advice is required to:

  • Ensure the definition of a charity is met
  • Guide you through which structure to use to operate your charity
  • Meet the application criteria required by the Charities Commission
  • Provide advice on the operational side of the trust to ensure ongoing compliance with the Charities Act
  • Create the Rules of the trust
Asset Protection Plans

We assist clients directly or in conjunction with other professionals, for example accountants and financial planners to put in place asset protection plans.

These typically focus on the protection of assets from your business activities and ensure that your assets are passed onto family members in accordance with your wishes.

Estate Administration and Probate

The loss of a loved one is devastating. Respecting your grief, we can support and guide you through your loved one’s estate. Probate is the court order legitimising the Administrators (including any ongoing trusteeship) legal authority to administer and distribute a Will. It requires an application to the High Court that we will file on your behalf.

Power of Attorney

Power of attorney documents allow you to appoint a person to take care of your affairs if you no longer can. Whether that is to help manage your property while overseas or preparing for the future or if you lose the capacity to make decisions about what is best for your health care or assets and finances. Powers of attorney are often prepared concurrently with your Will. 

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Looking for help with your Will, Estate, or a Trust?

Get in touch with the Trollope & Co team, and we'll let you know how we can help.