A will trust can keep a home in the family

However, without a clear pathway, inherited assets can trigger disputes rooted in conflicting emotions, financial needs, overseas perspectives, and rising maintenance costs.

Conflict can commonly stem from uncertainty when a home is inherited by several beneficiaries, such as multiple children or relatives jointly, one or more of whom may have cared for a parent while others moved away. The remaining siblings may have sacrificed a career to provide care and now expect to reside in the home rent-free for life.

What happens where the deceased parent’s will is unclear on this point? Should the other siblings expect a rent payment? Should the home be sold? How is maintenance to be paid for, and who is responsible?

Whatever the answers, uncertainty can easily arise and lead to inter-sibling friction.

Triggers for such friction can also include multiple heirs with differing goals – for example, one beneficiary may want to sell, another may want to reside in the property, and another may require rental income; financial strain with disagreements over who pays for land tax, insurance, and repairs; and informal promises, with reliance on verbal intentions, rather than legal documents.

Another important consideration is that grandchildren may not hold Bermudian/Belonger status, resulting in restrictions from benefiting from a Bermuda property.

The cleanest solution is perhaps for the executors of a will to sell the home and for the proceeds to be shared equally among the beneficiaries. However, if a home is to stay in the family or if disputes have already arisen, a sale can be unpalatable.

Alternatively, a trust can keep a home in the family and mitigate risks creating clear, legally binding instructions. Instead of beneficiaries disagreeing among themselves, the trust sets out who controls the property, who benefits from it, and under what conditions.

A property can be placed into a trust in two ways: by way of a living trust or a will trust.

A living trust is created during the owner’s lifetime, with the property transferred into the trust immediately, which can have stamp duty implications at the time of transfer.

A will trust is written into a will and only comes into effect after the property owner’s death – and can mitigate stamp duty.

Unlike a standard will that gives assets directly to beneficiaries, a will trust appoints trustees to hold and manage specific assets, such as a home.

A well written will trust separates legal control from benefit. A neutral professional, or a competent family member, can be appointed as trustee, to manage the home in accordance with the terms of the will trust, thus removing the burden of decision-making from emotionally charged family dynamics. Typically, a professional trustee requires payment of fees.

In such circumstances, the trust should include cash-generating assets, to produce rents, or dividends, and cover any expenses from this income. Excess rent and dividends can be paid out to beneficiaries under the trust arrangement.

Non-professional trustees may be unfamiliar with seemingly onerous legal and regulatory requirements and so may be reluctant to take on the burden of trusteeship. Choosing the wrong trustee can invite conflict. Neutrality and competence are essential.

The trust should cover who may live in the home, whether it is rent-free and how rental income, if levied, will be distributed; maintenance responsibilities, explicitly assigning the burden of taxes and upkeep; and exit strategies by defining the conditions under which the home can be sold and how proceeds are to be split.

Neglecting a formal plan can lead to court-mandated sales, permanent family rifts, and legal fees that often exceed the cost of trust formation and ongoing expenses.

In a high-stakes market situation, a trust can be a vital tool for ensuring that a family legacy remains a blessing, instead of a burden.

First Published in The Royal Gazette, Legally Speaking column, March 2026