Property Protection Trusts

The most common type of trust that is written within wills for married couples is called property protective trust (PPT).

A property can be owned in one of 2 ways, either:

  • Joint tenancy - this means that the joint owners of the property each own 100% of the property. Consequently when one owner dies, they cannot leave their share of the property to anyone else in their will. The surviving partner automatically retains 100% ownership of the property.
  • Joint tenants in common - This means that each owner now owns a set percentage of the property each (usually 50% each). With this type of ownership, each owner can now leave their own share to whomever they wish to in t heir will - there are specific benefits to being able to do this.
With a PPT, the house would be arranged to be owned as joint tenants in common- each partner would choose to leave their share of the property to someone other than the surviving partner (usually this would be children). The benefit of doing this is that when one partner dies, their share goes into a trust for the benefit of residential care, thus protecting half the property against care fees.

A Life interest clause is also written into the will meaning that the surviving partner has full residential rights to the property and can move house if they wish to, and also meaning the children cannot sell the house without their permission, or kick them out of the property against their wishes.

The Property Protection Trust can be added to your new Will to help protect against Local Government Charges being placed on your home or you being forced to sell it to fund your care needs in the future.

The Family Protection Trust

Green Lane Solutions - Property and Family Protection Trusts
The Family Protection Trust has been designed to help normal, everyday people to be able to protect their assets that cannot be achieved by simply having a Will in place. Often “Trusts” are associated with only the rich. This is certainly not the case for the Family Protection Trust.

This type of Trust is specifically designed for people who have worked hard all their life, built up assets such as a property and or savings that they wish to protect. They wish to pass these assets on to their children or other chosen beneficiary’s when they die, whilst making the process for this, stress free for those left behind and as easy as possible. Realistically, for anyone who has assets (property and/or savings) worth in excess of £50,000, it would be worth considering the benefits that the Family Protection Trust can provide to both them and their family.

One way to think of the Trust is as an open box where you keep your assets. You place your assets in to the Family Protection Trust, which is established in your name and is for the benefit of you whilst you are alive. The important thing to remember is that you remain in complete control of the Trust and all the assets within it during your lifetime.

If your property is placed in the Trust, you are still free to move house or downsize later in life. Any savings or investments placed in the Trust will still be accessible to you as and when you require them, providing the majority of Trustees agree to this. You can invest for capital growth or an income that will be paid to you if you require it. Furthermore, placing your assets into a Family Protection Trust and used in conjunction with your Will means that your assets pass to the people you want them to after your death without the need, expense or delay of probate.

Some of the key benefits of the Family Protection Trust are:
  • Avoid probate – reducing the burden of both time and costs for your executors.
  • Care costs – protect your estate against expensive costs should residential care be needed in the future.
  • Childrens divorce – if your children get divorced, ensure assets they have inherited from you are not passed to in-laws but remain with your children and grand-children.
  • Sideways disinheritance – protect your beneficiaries against accidentally losing your family assets on re-marriage.
  • Dependant relative claims – help safeguard against your Will being contested.
  • Inheritance tax – help avoid any assets left to loved ones creating an inheritance tax on their own estate.
We suggest that you will be a Trustee and it is also normal to appoint two further Professional Trustees from WW&J McClure Solicitors. You are free to choose your own Trustees should you wish to (such as your children), but our advice is to use solicitors as Trustees. The reason for this is solicitors will act as Professional Trustees, and most importantly they can in no way benefit from the assets within your Trust.

There is no fee for the WW&J McClure Solicitors acting as Trustees, your family will have no administration to worry about and the Trustee Solicitors will act in accordance with your wishes as set out by your Will to ensure that your chosen beneficiary’s inherit as you intended. If for any reason you wish to change the Trustees in the future you are of course free to do so. A Family Protection Trust is available to anyone in the UK aged over 18, and is available to married and single people.

If you require further information please contact one of our specialists:

Lasting Power of Attorney - Property and Financial Affairs

Green Lane Solutions - Lasting Power of Attourney
These are considered as important if not even more so, as having an up to date will. This LPA allows someone to be appointed as an attorney to manage their financial affairs when they are unable to do so this could be in the event of illness or accident so an LPA is not just for the elderly to consider- anyone can be involved in an accident at any time.

Without LPA in place the court will decide who to appoint as a deputy as this process takes a long time, and in that time all the assets are frozen this could cause major issues in a family, arguable even more so for younger families, if the main income earner was involved in an accident, there is a mortgage in place, income and savings In their own bank accounts and these assets get frozen how would the spouse/ children cope?

Lasting Power of Attorney - Health and Welfare

This type of LPA is required is the donor wishes the attorneys(s) to make decisions with regards to: 

  • Consenting or refusing to medical treatment.
  • Deciding on the level of care the donor may require.
  • Arranging what the donor will wear, eat, social activities, and, holidays.

Some regard this LPA as not so important as the property and financial affairs LPA, however if you require long term care either now or in the future, then this could be extremely important-as a result we always provide clients with both the property and financial affairs, and the health and welfare LPA for the same cost as if they were to just purchase either/ or one of them.