Does putting assets into a trust avoid probate?

Some assets held in a lifetime trust may not form part of your estate for probate purposes because legal ownership has already passed to the trustees. Those assets may therefore be managed or transferred without waiting for a grant of probate.

However, creating a trust does not necessarily mean that probate will be avoided altogether. Assets remaining in your sole name when you die may still require probate before your executors can deal with them. A trust created by your will also normally receives its assets through the administration of your estate, so probate may still be required.

Probate should not be the only reason for creating a trust. Lifetime trusts can involve costs, tax consequences, registration requirements and a loss of direct control over the assets.

The trust should have a clear estate-planning purpose and be considered alongside your will, property ownership and wider financial arrangements.