What is a Protective Property Trust?
For most people, their home is their most valuable asset. Naturally, you want to ensure that this wealth is passed on to your children or loved ones.
However, without proper planning, your share of the property could be at risk. If you pass away and your surviving partner requires residential care, the local authority may assess the total value of the house to pay for fees. Similarly, if your surviving partner remarries, your share could unintentionally pass to a new family, disinheriting your own children.
A Protective Property Trust (PPT) is a specialised type of Will that ring-fences your share of the property. It guarantees that your half is held in trust for your beneficiaries, while still granting your surviving partner the legal right to live in the home for the rest of their life.
- Protects 50% of the property value immediately
- Prevents "Sideways Disinheritance" from remarriage
- Ensures the survivor has security for life
How does it work?
Most couples own their home as "Joint Tenants", meaning when one dies, the house automatically passes 100% to the survivor.
To set up a Trust, we first switch your ownership to "Tenants in Common". This allows you to each own a distinct 50% share. You then use your Will to leave your 50% share into a Trust for your children, rather than giving it directly to your spouse.
The Benefits of a Property Trust
A smart, legal way to protect your family's future wealth.
Care Fee Protection
If the surviving partner enters care, they only own their own 50% share of the house. The 50% held in the Trust is protected and cannot be assessed by the Local Authority for care costs.
Remarriage Protection
If your surviving spouse remarries, their new partner has no claim over the share of the house held in the Trust. Your capital is legally locked in for your specific beneficiaries (usually your children).
Flexibility for the Survivor
The Trust includes a "life interest," meaning the survivor can live in the house rent-free forever. They can even sell the house and move; the Trust simply moves with them to the new property.
Discuss Your Asset Protection
Contact our Wills & Trusts team to discuss setting up a Property Trust.
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