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Your protective DTR—built to safeguard your estate.

Fully authorised and regulated by the Solicitors Regulation Authority.

For initial advice about making a will or to get a fixed cost quote call our will writers.

The Discretionary Trust of Residue (DTR)

Flexibility and protection for your estate after death

A Discretionary Trust of Residue (DTR) is a trust created within a Will that only comes into effect upon death. Unlike lifetime trusts, it does not protect assets while you are alive and does not offer inheritance tax benefits at the point it is created. Instead, it gives your appointed trustees the flexibility to manage and distribute your estate after your death, based on your wishes and the circumstances of your beneficiaries at that time. This type of trust is especially valuable for families who want to maintain control and protect their estate after death—for example, where there are vulnerable beneficiaries, blended families, or concerns about future remarriage, divorce, or creditor claims.

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Key Benefits of a Discretionary Trust of Residue (DTR)

Allows trustees to respond to beneficiaries’ needs and changing family circumstances after your death.
Trustees (up to 4 people) can manage the trust funds and distribute them at appropriate times, rather than paying everything out immediately.
You choose how much of your estate to protect. You may release up to 50% on your passing or defer the release until the passing of your partner (married or unmarried).
Helps safeguard the interests of beneficiaries who are vulnerable, young, or financially inexperienced.
Can help shield assets from divorce, remarriage, or creditor claims made against beneficiaries.
Helps ensure your assets remain within your intended family line.
Allows you to provide for a surviving spouse or partner while still protecting your children’s long-term inheritance.
Enables your trustees to manage your estate over time, ensuring decisions reflect your values and intentions even as circumstances evolve.

Important: Severance of Tenancy

Creation – The DTR is included in your Will. You decide who the trustees and potential beneficiaries will be.

Activation – The trust is activated on your death (or sometimes on the death of the second person, depending on how the Will is drafted).

Residue passes into trust – Once specific gifts, debts and taxes are dealt with, the remaining estate (‘residue’) is transferred into the DTR.

Trustees take control – Your chosen trustees manage the trust in line with the letter of wishes you leave. They decide how and when funds are distributed to beneficiaries.

Ongoing management – The trust can continue for up to 125 years, giving flexibility to support multiple generations.

Important: Severance of Tenancy

If you own property jointly, it may need to be severed into a tenancy in common before a Discretionary Trust of Residue can be used. This allows each person’s share of the property to pass into the trust rather than automatically to the surviving owner, helping to protect your share for your chosen beneficiaries.

Why Consider a DTR?

A Will must be stored safely to ensure it can be legally verified after your passing. If the document cannot be found or is damaged your wishes may not be honoured. With this your estate may default to the Intestacy Rules causing stress and potential financial loss for your family.

With Jubilee your Will and essential documents are stored in your own designated, secure storage space giving you complete confidence that everything is protected and immediately accessible when needed.

Scenarios & Next Steps

“John and Susan had both been married before and had children from previous relationships. Their Wills directed that, on the first death, the estate would pass into a Discretionary Trust of Residue. This allowed the survivor to benefit during their lifetime but ultimately ensured that each side’s children received their intended inheritance. The trust structure provided flexibility and control, avoiding unintended disinheritance if the survivor remarried.”

“Mary’s son, Tom, has learning difficulties and receives state benefits. By placing the residue of her estate into a DTR on her death, her trustees were able to manage Tom’s inheritance on his behalf. This gave Tom financial security without affecting his benefits and avoided handing over a lump sum he couldn’t manage alone.”
“David and Helen had three children. Their eldest, Paul, had a history of poor financial decisions and was heavily in debt. They were worried that if Paul received a large inheritance outright it would quickly be lost to creditors or spent irresponsibly. By including a Discretionary Trust of Residue in their Wills, they gave their trustees the flexibility to support Paul in a controlled way. After David’s death, the trustees chose to make smaller, carefully timed distributions to Paul for essential needs while keeping the bulk of his share protected within the trust. This ensured that he was supported without putting the family wealth at risk.”

Why Choose Jubilee

Next Steps

A Discretionary Trust of Residue is set up through your Will. To find out whether this type of trust could benefit your family, speak to Jubilee Wills & Estate Planning for clear, expert advice.

What Our Clients Say

Real stories from families we’ve helped protect their legacy.