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Property Protection Trusts

A property protection trust is a legal instrument that places your share of the family home into a trust for your children should you pass away before your partner. The reason such trusts are becoming increasingly popular is due to the fact that should the remaining partner require residential care in later life, they may have to use any assets they have before they are provided with financial assistance. By setting up an asset protection trust that covers your half of the family home, you can make sure that your children or other beneficiaries will at least still receive the proceeds from 50% of your property, whatever may happen in the future.

Increase your family’s chances of benefitting from your home

Aside from the dangers of dying intestate, it’s increasingly likely that unless you make plans now, your beneficiaries could end up with a reduced payout if you or your partner need residential care later in life.

Currently, anyone with more than £23,250 in assets – which includes the family home – is not eligible for any state help with their care fees.  Even if you don’t have the cash readily available the authorities can place a charge against your property, allowing them to recover the monies owing when it’s eventually sold – in some cases they’ve become the sole owner of elderly people’s homes.

The solution – a property trust

A Property Protection Trust from Heritage Will Writers can only be created whilst both partners are alive and hold property as Tenants in Common. The Trust is then included in both Wills but does not come into force until after the death of the first party.

At this point their share of the property – typically 50% – is placed into the Trust for the benefit of their chosen beneficiaries, while the surviving partner remains living in the property. On the partner’s death the Trust ends and the property passes to the beneficiaries.

It may sound a little complicated but our Consultants will guide you through the process – all from the comfort of the very home that you want to safeguard, at a time that suits you.

Why you should set up a Property Protection Trust Will now

Very few people enjoy dwelling on their own mortality, or their spouse’s, but the simple fact of the matter is that property protection trusts can only be set up while both owners of the family home are alive. If you leave it too late, there will be very little that you can do. Contact us today and one of our Consultants will explain all the details to you and answer any questions you may have. Once the trust has been set up, we will make sure it is referenced in both your will and that of your partner, to ensure it is enforceable in law.


£23,250
The level of capital you own (including your home), above which you’re likely to have to pay your care fees

Asset Trust Advice

If you are still not quite sure how property protection trusts work or whether they are the right choice for you and your spouse, please feel free to contact us at any time to request further information. We have a great deal of experience with this category of legal instrument and will be more than happy to help you design a family protection trust that meets all of your needs perfectly. You can protect all of your bequests to your loved ones with expert legal advice from the local specialists.

Whether your financial situation is very simple or you and your partner jointly own a wide range of assets spread across the globe, our team will provide you with all the help you need to set up legally binding trusts that protect your share of the joint estate in the event of your passing, ensuring that all those who you wish to benefit from your bequests will actually be able to benefit from them at the appropriate time. For simple trusts, as well as complex trusts that may take longer than normal to draw up, we will be happy to provide you with a free initial consultation and no-obligation quotation for the services that you need, making it easy for you to decide whether you would like to take advantage of our expertise with property protection trusts.

For more information on Property Protection Trusts call us on 01603 894500

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