More than a third (36%) of Wills drafted last year included at least one trust, highlighting the growing importance of trust expertise for private client practitioners, according to new research by legal software provider LEAP. The large-scale study analysed data from 242,900 wills created across three LEAP platforms, including 87,800 that contained trusts, as well as 176,300 powers of attorney.

Researchers believe the findings reflect fundamental demographic and social shifts, particularly increasing longevity, rising dementia prevalence and the growth of blended families. As a result, estate planning is moving away from ‘a short-term, inheritance-focused exercise towards a longer-term, multi‑decade asset management strategy’. Trusts are increasingly used to control how and when assets pass between generations, particularly to ensure children benefit rather than assets defaulting to a surviving spouse.

Trust inclusion was most common among testators aged 55 to 74, who accounted for 56% of wills containing trusts. This age group typically faces rising asset values, more complex estates and greater intergenerational planning needs. After age 74, trust usage declined, suggesting that ‘proactive planning is more likely to occur earlier, before later-life decisions become constrained’.

Property trusts were by far the most frequently used, appearing in 70% of trust-based wills, followed by discretionary trusts (13%) and life interest trusts (9%). LEAP said this demonstrated how trusts are being used not only for tax planning, but also to address the realities of longer lives and complex family arrangements.

The research also pointed to increasing inheritance disputes in England and Wales, often driven by second marriages, estrangement and capacity issues. Researchers commented that clear exclusions, supported by appropriate trust structures, are therefore playing a growing role in reducing contested wills and protecting family relationships after death.

Could you and your family benefit from a trust in your Will? Please contact me to discuss this and any other estate planning needs you may have.