STEP Standard Provisions in Your Will: What They Mean
Many solicitor-drafted wills reference “the Standard Provisions of the Society of Trust and Estate Practitioners.” Here is what those provisions actually do, which edition matters, and whether you need them.
What Is STEP?
STEP (Society of Trust and Estate Practitioners) is the international professional body for practitioners in trusts, estates, tax, and related disciplines. It was established in 1991 and now has over 20,000 members in more than 95 countries. In England and Wales, STEP members are principally solicitors, chartered accountants, and trust officers who specialise in wills, trusts, and probate.
One of STEP’s most widely adopted products is its set of Standard Provisions — a professionally drafted suite of trust administration clauses that solicitors can incorporate into wills and trust deeds by reference, rather than typing them out in full each time.
Why Does My Will Reference STEP Provisions?
When a will creates a trust — for example, a discretionary trust, a life interest trust for a surviving spouse, or a trust to hold money for children until they reach 18 — the trustees need a range of powers to administer the trust effectively. Without those powers expressly granted, trustees are restricted to the comparatively narrow default powers under the Trustee Act 2000 and the Trustee Act 1925.
A solicitor could draft those powers from scratch in each will, but that adds cost and introduces drafting error. Instead, a single line — “The Standard Provisions of the Society of Trust and Estate Practitioners (3rd Edition) shall apply” — incorporates a professionally drafted set of powers that has been tested in practice and accepted by HMRC.
STEP provisions are only relevant if your will creates a trust. A simple will that leaves everything outright to named beneficiaries does not need them.
The Editions: 1st, 2nd, and 3rd
| Edition | Published | Key changes |
|---|---|---|
| 1st Edition | 1992 | Original set of administrative powers. Pre-Trustee Act 2000. |
| 2nd Edition | 2011 | Updated for Trustee Act 2000. Expanded investment and delegation powers. |
| 3rd Edition | 2014 | Refined charging clause, updated trust fund definition, improved appropriation and lending provisions. Standard for wills drafted from 2014 onwards. |
Wills drafted before 2011 will typically reference the 1st Edition. Wills drafted 2011 to 2014 may reference either the 1st or 2nd Edition. Wills drafted from 2014 onwards should reference the 3rd Edition. If you do not know which edition applies to your will, check the wording: it will usually say “(3rd Edition)” in brackets.
What the STEP Provisions Actually Cover
The provisions address seven main areas of trust administration:
1. Powers of Investment
Trustees may invest in any asset as if they were the absolute owner — including equities, land, collectibles, and funds. This is broader than the statutory “standard investment criteria” under s4 Trustee Act 2000, which requires diversification and regard to suitability.
2. Charging by Professional Trustees
A professional trustee (e.g. a solicitor, trust corporation, or accountant) may charge for their services. Without an express charging clause, even professional trustees are entitled only to out-of-pocket expenses, not remuneration. The STEP charging clause is a key reason solicitor firms routinely incorporate the provisions.
3. Powers of Delegation
Trustees may appoint agents (investment managers, solicitors) and delegate functions, including investment management. This extends beyond the more restricted delegation provisions in Part IV Trustee Act 2000.
4. Powers of Appropriation
Trustees may appropriate specific assets (e.g. a shareholding or property) in satisfaction of a beneficiary’s interest without needing beneficiary consent. This is useful when a trust fund includes illiquid assets.
5. Lending to Beneficiaries
Trustees may lend trust funds to beneficiaries on interest-free or commercial terms. This is often used in nil-rate band discretionary trusts to effect a loan back to a surviving spouse, keeping the NRB debt in the estate.
6. Powers of Advancement and Maintenance
Extends the statutory power of advancement (s32 Trustee Act 1925) to the whole of a beneficiary’s presumptive share and clarifies the power to apply income for the maintenance, education, or benefit of minor beneficiaries.
7. Administrative and Supplemental Powers
Miscellaneous powers including accepting receipts from parents or guardians for minor beneficiaries, running a business, holding insurance policies, and incorporating companies. These avoid trustees needing court approval for routine commercial decisions.
When You Do Not Need STEP Provisions
The majority of wills — including most WillSafe will kits — do not create trusts and therefore do not need STEP provisions. Your will simply leaves your estate to your spouse, children, or other named people outright. The executors administer the estate under the Administration of Estates Act 1925 and distribute it. No ongoing trust is created, so trust administration powers are irrelevant.
Where STEP provisions are needed:
- Your will creates a discretionary trust (e.g. for adult children or grandchildren)
- Your will creates a life interest trust for a surviving spouse with the capital going elsewhere on their death
- Your will creates a trust for a disabled beneficiary
- Your will creates a trust for children under 18 that will continue beyond the age of majority
- You are appointing a professional trustee who will charge for their services
If your will simply says “I leave everything to my spouse and if they predecease me then equally to my children at 18”, the HMRC-approved statutory powers under the Trustee Acts are likely sufficient for the short-term trust that arises if a child is under 18. Many straightforward family wills function perfectly without STEP provisions.
What to Check in Your Existing Will
If you have a solicitor-drafted will with a trust, look for a clause similar to:
Three things to note:
- Which edition? The edition governs which set of provisions applies. Older wills using the 1st Edition may lack protections added in the 2nd and 3rd Editions. If your will includes a trust you expect to run for decades, consider whether it is worth having it restated.
- Are the provisions printed? Some firms attach a schedule printing the STEP provisions in full. Others simply refer to them by name. Both approaches are valid, but you should have a copy of the actual provisions for your records.
- “So far as not inconsistent”: Express clauses in your will override the standard provisions. If your will says something specific about investment powers or charging, that express provision prevails.
Frequently Asked Questions
Do I need STEP standard provisions in my will?
Only if your will creates a trust. For a straightforward will that simply leaves your estate to named people outright, STEP provisions are unnecessary. Wills that include a discretionary trust, life interest trust, or trust for minor children are the main candidates. Incorporating STEP provisions avoids the need to spell out pages of trust administration powers from scratch — the provisions are professionally drafted and widely accepted by HMRC and the courts.
What is the difference between the STEP 2nd and 3rd editions?
The STEP Standard Provisions 2nd Edition (2011) updated the 1st Edition (1992) to reflect the Trustee Act 2000, which modernised trustees' investment and delegation powers. The STEP Standard Provisions 3rd Edition (2014) made further refinements, most notably clarifying trustee charging, updating the definition of 'trust fund', and improving the provisions around appropriation and loans to beneficiaries. Most wills drafted after 2014 incorporate the 3rd Edition. If your will does not specify which edition, the provisions incorporated are usually printed in full by the firm.
Can I see the full text of the STEP standard provisions?
Yes. STEP publishes the provisions and they can be purchased from the STEP website (step.org). Many solicitor firms print the relevant edition in the schedule to your will, so you should already hold a copy. If your will says 'subject to the Standard Provisions of the Society of Trust and Estate Practitioners (3rd Edition)' without printing them, ask your solicitor for a copy. You are entitled to see the provisions incorporated into your own legal documents.
Do STEP provisions change the basic duties trustees have to beneficiaries?
No. Core duties — to act in the best interests of beneficiaries, to avoid conflicts of interest, to keep accounts, to distribute within a reasonable time — are set by law (mainly the Trustee Act 2000 and general equity) and cannot be removed by STEP provisions. What STEP provisions do is expand or clarify the administrative *powers* trustees have — for example, giving trustees the power to lend to beneficiaries, to invest in a wider range of assets, or to charge for professional services. They cannot override fundamental fiduciary duties.
Can I incorporate STEP provisions into a DIY will?
You can include a clause stating your will is subject to the STEP Standard Provisions (3rd Edition) if your will creates a trust, but you should either print the provisions in full as a schedule or ensure beneficiaries know where to obtain them. For a will that does not create a trust — the majority of WillSafe will kits — STEP provisions are irrelevant and you do not need them. If your estate is complex enough to require a trust with professional trustees, specialist solicitor advice is recommended.
Write Your Will Without Solicitor Fees
Most straightforward wills do not need STEP provisions at all. WillSafe’s legally valid will kits cover the vast majority of English and Welsh estates — from single people to married couples with children — at a fraction of solicitor cost.