Trusts & Estate Planning

Looking for help with trusts and estate planning?

Trusts are usually set up by clients as a means of managing their assets, to pass them on while they are alive and to ensure that specific people benefit from those assets upon their death.

They are sometimes regarded as being complex, however they are vital instruments to assist with the controlled administration of wealth. For example, trusts can control the distribution of assets over time; defer children’s inheritance until a specified age; assist in making charitable donations; protect a family business; or reduce tax liabilities.

Where property assets and interests are already in your possession and the objective is to either hold and/or transfer these from one generation to another; or between parties in a safe, secure and tax efficient manner, our members at Mercantile Barristers can design creative estate management and trust structures that meet and often exceed your expectations.

Upon creation, trusts must be correctly and diligently monitored and administered. Settlers of trusts appoint trustees to manage the trust for the benefit of the beneficiaries.

Our members at Mercantile Barristers are Public Access Trained and are happy to be consulted by and accept instructions directly from professionals and discerning private clients at any time (for direct access barristers). To book a consultation with one of our Direct Access Barristers in London please call us and speak to our clerks who will find the best-placed barrister for you.


Historically, barristers in England & Wales could only accept instructions from solicitors and could not be consulted directly by members of the public. Barristers were considered to be too expert and too specialist to deal directly with lay clients.

It was left to a solicitor to first determine whether the legal problem that has arisen required the involvement of the expert barrister. If so, it was only the solicitor that could instruct the expert barrister on behalf of the lay client. Using a medical analogy, it is akin to having to see your GP before being referred to the Specialist Consultant.


In this traditional mode of operation the lay client continues to pay for his solicitor while also paying for his expert barrister. While this has always been the case, it is unnecessary in certain modern circumstances and inevitably commercial pressures and modernity has brought a change. Professionals such as company directors, agents, architects, surveyors, construction engineers and other specialist consultants may not require hand-holding by a solicitor in order to consult the expert barrister about their case.


A change in the law in 2004 allowed barristers, who have undertaken additional training, to advise clients without the need for a solicitor and listed below are some of the reasons why it is advantageous to instruct a direct access barrister.



Have Found Mercantile, To Be Honest, Diligent And Willing To Go The Extra Mile With Their Advice.
Linda S