Trust Registration Service UK (2026): Which Trusts Must Register with HMRC
Updated 13 May 2026 · 8 min read · England & Wales
If you are a trustee — including a trustee of a will trust created after a family member’s death — you may have a legal obligation to register the trust with HMRC’s Trust Registration Service (TRS). Since September 2022, most express trusts must register, even if the trust has no UK tax liability. Missing the deadline can lead to penalties and blocked transactions.
Why was the TRS extended in 2022?
The Trust Registration Service was originally introduced in 2017 for trusts with a UK tax liability (income tax, CGT, IHT, SDLT, or LBTT). In 2022, HMRC extended the TRS to implement the EU’s 5th Anti-Money Laundering Directive (5AMLD) — bringing nearly all express trusts within scope, regardless of tax liability. The aim is greater transparency about who ultimately benefits from trust structures.
Which trusts must register?
| Trust type | Must register? | Notes |
|---|---|---|
| Lifetime discretionary trust | Yes | Within 90 days of creation |
| Life interest (IPDI) trust | Yes | Within 90 days of creation |
| Will trust active >2 years after death | Yes | Within 90 days of the 2-year anniversary |
| Will trust wound up within 2 years | No | Unless it had a UK tax liability |
| Charitable trust (Charity Commission registered) | No | Excluded |
| Bare trust / co-ownership of property | Possibly | Take advice — some bare trusts are excluded |
| Pension scheme trust | No | Excluded |
| Pilot trust (<£100) | No | Excluded while assets remain below £100 |
Will trusts and the 2-year rule
Executors and trustees of will trusts need to be particularly aware of the 2-year rule. A will trust that is fully administered and distributed within 2 years of the testator’s death does not need to register (assuming no UK tax liability arose during that period). But if the trust is still active — for example, a life interest trust for a surviving spouse, or a discretionary trust for minor children — registration is required within 90 days of the 2-year anniversary of death.
Trustees should diarise the 2-year anniversary and take advice on whether registration applies before that deadline passes.
What information does the TRS require?
When registering, trustees must provide:
- Trust details: name, type, date of creation, country of establishment
- Settlor: full name, date of birth, NI number (or passport/ID number), address, date of death (if deceased)
- Trustees: same details for each trustee
- Beneficiaries: named individuals where possible; class description (e.g. “the children of the settlor”) where individual identification is not yet possible
- Protector (if any): same details as trustees
For non-taxable trusts, HMRC issues a Unique Reference Number (URN). For trusts with a UK tax liability, a UTR is issued for tax return purposes.
Keeping the register up to date
Registration is not a one-off exercise. The TRS register must be updated within 90 days of any change in registrable information, including:
- A new trustee being appointed or an existing trustee dying or retiring
- A new beneficiary being identified
- A change of address for any trustee
- A change in the nature or value of trust assets
- The trust being wound up (a “closure” update)
Frequently asked questions
What is the Trust Registration Service?
The Trust Registration Service (TRS) is an HMRC online register of trusts. It was created to implement the EU's 4th and 5th Anti-Money Laundering Directives, requiring greater transparency about who benefits from trusts. Since 1 September 2022, the TRS was significantly expanded to cover most express trusts in the UK — not just those with a UK tax liability. Trustees must register their trust, provide information about the trust, its trustees, and its beneficial owners (settlors, trustees, beneficiaries), and update the register when details change. The register is maintained by HMRC and is partially accessible to certain authorities and, in limited circumstances, the public.
Which trusts must register with the TRS?
All express trusts (trusts created intentionally by a settlor) must register with the TRS unless they fall within an exclusion. This includes: will trusts that remain active more than 2 years after the testator's death; lifetime discretionary trusts; life interest trusts; bare trusts (in some circumstances). Key exclusions — trusts that do NOT need to register: trusts that wind up within 2 years of the testator's death (and have no UK tax liability); charitable trusts registered with the Charity Commission; trusts for a disabled beneficiary (registered with HMRC on form R185); pilot trusts with less than £100 in assets; pension trusts; unit trusts regulated by the FCA; co-ownership trusts (simple joint ownership of property, no trustee structure). If in doubt, take advice — incorrectly not registering carries penalties.
What is the deadline to register a trust with the TRS?
For trusts created after 1 September 2022: registration must be completed within 90 days of the trust being created. For trusts created before 1 September 2022 that were not previously registered (because they had no UK tax liability): the registration deadline was 1 September 2022 (now past — these trusts are in breach if not yet registered and should register immediately). For will trusts: if the trust remains active 2 years after the testator's death, it must be registered within 90 days of that 2-year anniversary. Annual updates: if any registrable information changes (new trustee, new beneficiary, change of address), the register must be updated within 90 days of the change.
How do you register a trust with the TRS?
Registration is done online via the HMRC Trust Registration Service at gov.uk. The lead trustee or their agent (solicitor or accountant) creates a Government Gateway account and registers the trust. Information required: trust name and type; date of creation; country of establishment; details of the settlor (name, date of birth, NI number or passport if non-UK national, address, date of death if deceased); details of each trustee (name, date of birth, NI number/passport, address); details of beneficiaries or class of beneficiaries (individuals identified if possible; class description if not — e.g. 'children and remoter issue of the settlor'); details of protectors (if any). HMRC issues a Unique Taxpayer Reference (UTR) for trusts with a UK tax liability, or a Unique Reference Number (URN) for non-taxable trusts. Professional trustees or solicitors can act as agents via the HMRC Agent Services Account.
What are the penalties for not registering a trust?
HMRC's approach to TRS penalties has been phased: initially, HMRC focused on education rather than immediate fines. However, since 2023, HMRC can impose penalties for non-compliance. Current penalty approach: for failing to register or update the TRS, HMRC can issue a fixed £100 penalty per offence. Deliberate non-compliance can attract higher penalties. More significantly, non-registration can block the trust from certain transactions (banks, solicitors, and estate agents are required to check TRS registration for regulated transactions involving trusts). There is no amnesty for historical non-registration — trustees should register immediately if they are in breach.
Do will trusts have to register with the TRS?
It depends on how long the trust remains active. A will trust that is wound up and distributed within 2 years of the testator's death does not need to register (provided it has no UK tax liability during that period). A will trust that continues beyond 2 years from the testator's death must register with the TRS within 90 days of that 2-year anniversary. Common will trusts that continue beyond 2 years and therefore require registration: life interest trusts (surviving spouse has income for life); discretionary trusts for minor children; bereaved minor's trusts and 18-to-25 trusts; nil rate band discretionary trusts still holding assets. Executors and trustees should diarise the 2-year anniversary of death and take advice on whether registration is required.
Is the Trust Registration Service publicly accessible?
The TRS register is not fully public. Access is tiered: HMRC and certain public authorities (HMRC investigators, law enforcement, the Financial Intelligence Unit) have full access. Obliged entities — businesses subject to anti-money laundering regulation (banks, solicitors, estate agents, financial advisers) — can access the register when conducting due diligence on a client who is a trustee. Members of the public can access information about a specific trust only if they can demonstrate a 'legitimate interest' — this is a high bar and is not routine access. In practice, the TRS is a compliance tool for anti-money laundering purposes, not a transparency register like the Companies House persons of significant control register.
Understand your executor and trustee duties
If you are acting as executor or trustee, WillSafe’s Executor Guide covers the full administration process — including trust obligations and HMRC compliance.
Get the Executor Guide →Related guides
- What is a will trust — types and uses
- Discretionary trust in a will
- Life interest trust in a will
- Nil rate band discretionary trust
- What is a trustee — duties and powers