Trusts, Wills and Intestacy
Trust creation and duties, valid wills, personal representatives and distribution on intestacy.
How to study the ATT Qualification
Use Finance Act 2025 for the 2026 tax papers, complete the three foundational CBEs early, apply professional ethics throughout and concentrate option practice on the one paper you will enter.
Core concepts
Concept 1
A trust separates legal ownership from beneficial entitlement and imposes fiduciary duties.
Exam cue: Identify settlor, trustees, beneficiaries and trust property.
Concept 2
A valid will requires capacity, intention and proper execution.
Exam cue: Check will validity and any revocation.
Concept 3
Personal representatives administer the estate before distribution under the will or intestacy.
Exam cue: Apply estate administration before beneficiary entitlement.
Risk pitfalls and guardrails
Treating trust property as the trustee's personal asset.
Guardrail: Do not use an obsolete tax rate, assume a relief, ignore legal form, submit unsupported information or omit the relevant deadline and ethical response.
Assuming an unsigned expression of wishes is a valid will.
Guardrail: Do not use an obsolete tax rate, assume a relief, ignore legal form, submit unsupported information or omit the relevant deadline and ethical response.
Distributing before liabilities and administration are resolved.
Guardrail: Do not use an obsolete tax rate, assume a relief, ignore legal form, submit unsupported information or omit the relevant deadline and ethical response.
Memory anchors
Trust roles
Settlor creates, trustee holds, beneficiary benefits.
Three certainties
Intention, subject matter and objects support an express trust.
Trustee duty
Act loyally, prudently and within powers for beneficiaries.
Valid will
Check capacity, intention and execution formalities.
Intestacy
Statutory rules distribute an estate not effectively disposed of by will.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A settlor says, “I hope you will consider helping my nephew,” without imposing an obligation. Which trust certainty is doubtful?
A deed declares a trust of “some of my shares” without identifying which or how many. Which requirement is doubtful?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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