Another reason to keep your will as a "work in progress" rather than "set in stone." The article refers to the estimated one third of all wills passing residue into a discretionary trust on the second death. But at the moment, where a will includes a gift of residue to a discretionary trust, there is still a two year period after the death where the trustees can appoint assets out to beneficiaries, if that will secure the additional tax relief and the need for tax mitigation overrides the asset protection function offered by the trust.