TSEM1540 - Introduction to trusts: new trusts: trusts created following a death

Administration of Estates Act 1925

There may be a trust following a person’s death. This can be created by the terms of the deceased’s will, or by a codicil to that will (TSEM6034).

If the deceased did not leave a valid will the statutory intestacy rules may create a trust (TSEM6120). The provisions of the Administration of Estates Act 1925 as varied by the Intestates Act 1952 apply in England and Wales. The position is different in Scotland & Northern Ireland. There are further details at TSEM7800 onwards.

A trust may also be set up by a deed of variation or family arrangement (TSEM1815). They alter the original terms of the will or intestacy. Deeds of disclaimer or surrender might also affect the position (TSEM1800 onwards).