Property Trusts

You have arrived at the page dedicated for sole and joint property owners who are looking to protect their properties against:

1. Being used to fund care fees

2. Being inherited by the new spouse of a surviving partner instead of their children

3. Being lost by a beneficiary who divorces

4. Causing a beneficiary a problem if they are on benefits when inheriting

5. Being lost because of bankruptcy

6. Having to pay taxes unnecessarily 

7. A partner being forced from the property upon the death of the owner

For property trust pricing and further details:

Sole owners click here 

Joint owners click here

Comprehensive Property Protection Trust Cover for a sole owner 

What is included:
The drafting, preparation and establishment of your Property Trust and its registration on the Land Registry.

The Trust once registered on the Land Registry will then ensure:

• The property within the Trust will not add to beneficiaries’ estates for inheritance tax purposes due to the way the funds are appointed out of the Trust.

• The property will be protected in the case of a settlor (the person setting up the Trust) going bankrupt after 5 years have elapsed.

• If the Settlor (the person setting up the Trust) does so while single, then should they marry and subsequently divorce in the future, the property cannot be taken into consideration in any divorce settlement, keeping it 100% intact and secure for any children whatever happens to any relationship the settlor’s may be in going forwards.

• The property will be protected should a settlor go into care after having legally set one of these Trusts up (i.e. without breaking the deliberate deprivation of assets rules).

• The property within the Trust is 100% protected for named beneficiaries should a settlor wish to enable a partner (or other person) to continue to live in their property after their death and also wish to ensure that the property ultimately goes to their own children or other nominated beneficiaries when the partner dies, enters a new relationship or vacates the property.

• Any beneficiary divorcing after inheriting from the Trust will not be able to have the value of their inheritance included in a settlement due to the way the funds are appointed out of the Trust.

• Any beneficiary going bankrupt after inheriting from the Trust will not be able to have the value of their inheritance included in the value of their assets by the Official receiver due to the way the funds are appointed out of the Trust.

• Any beneficiary going into care after inheriting from the Trust will not be able to have the value of their inheritance included in a local Authority assessment due to the way the funds are appointed out of the Trust.

Our solicitor then transfers your property from your sole name into your Property Trust.

The Land Registry is then changed accordingly, legally showing that your property is no longer vulnerable through being registered in your own name but fully protected by being registered instead in the names of the trustees (of which the settlor will be one with up to 3 others).

We also provide alongside the Property Probate Preservation Trust a Family Gift Trust for the settlor. The Family Gift Trust will receive the remainder of a settlor’s estate up to their personal allowances for the benefit of their named beneficiaries. These Trusts are a far better gifting vehicle than purely giving funds absolutely from the settler’s estate to the beneficiaries which could then be squandered, lost through divorce, bankruptcy, death, care fees or, in due course, ultimate inheritance tax on the gift itself by the beneficiary’s own descendants/beneficiaries outlined in their Will. The method of gifting from these Trusts ensures that all beneficiaries are fully protected against all the above scenarios.

With this Trust we will also update the settlor´s Will accordingly.

Package options - click on a package to view/download package details:

Property Trust protection for a single person (standard)

For a single person with assets over £325k

For a single person with assets under £325k

For a Widow/Widower with assets over £325k

For a Widow/Widower with assets under £325k

Property Trust protection for a single person (who has existing equity release)

For a single person who has already taken equity release

For a Widow/Widower who has already taken equity release

Property Trust protection for a single person (with registered Powers of Attorney included)

For a single person with assets under £325k including the provision of full registered Powers of Attorney

For a single person with assets over £325k including the provision of full registered Powers of Attorney

For a Widower with assets under 325k including the provision of full registered Powers of Attorney

For a Widower with assets over 325k including the provision of full registered Powers of Attorney

Property Trust protection for a single person (who has already taken equity release with registered Powers of Attorney included)

For a single person who has already taken equity release with the provision of full registered Powers of Attorney

For a Widow/Widower who has already taken equity release with the provision of full registered Powers of Attorney

Comprehensive Property Protection Trust Cover for joint owners 

What is included:
The drafting, preparation and establishment of your Property Probate Preservation Trusts and their registration on the Land Registry and also, if required, the severance of tenancy on the Land Registry to change your ownership from Joint to Tenants in Common.

This will effectively split ownership in half 50-50-

If the percentage owned needs to be different then a separate deed of Trust will need to be drafted highlighting the actual ownership split in percentage terms.

The Trusts once registered on the Land Registry will then ensure:

• The property within the Trusts will not add to beneficiaries’ estates for inheritance tax purposes due to the way the funds are appointed out of the Trusts.

• The property will be protected in the case one of the settlors (one of the people setting up the trust) going bankrupt after 5 years have elapsed.

• The property will be protected should either settlor go into care after having legally set one of these Trusts up (i.e. without breaking the deliberate deprivation of assets rules).

• The property within the Trusts is 100% protected for the beneficiaries should (after the death of the first partner) the survivor enter a new relationship or permanently vacate the property. 

• Any beneficiary divorcing after inheriting from the Trusts will not be able to have the value of their inheritance included in a settlement due to the way the funds are appointed out of the Trusts,

• Any beneficiary going bankrupt after inheriting from the Trusts will not be able to have the value of their inheritance included in the value of their assets by the Official Receiver due to the way the funds are appointed out of the Trusts.

• Any beneficiary going into care after inheriting from the Trusts will not be able to have the value of their inheritance included in a Local Authority assessment due to the way the funds are appointed out of the Trusts.

The Land Registry is then changed accordingly, legally showing that your property is no longer vulnerable through being registered in your own names but fully protected by being registered instead in the names of the Trustees (which is usually both Settlors).

We also provide alongside the Property Probate Preservation Trusts a Family Gift Trust for each settlor.. The Family Gift Trusts will receive the remainder of each settlor´s estate up to their personal allowances for the benefit of their own named beneficiaries. These Trusts are a far better gifting vehicle than purely giving funds absolutely from the settlors´ estates to the beneficiaries which could then be squandered, lost through divorce, bankruptcy, death, care fees or, in due course, ultimate inheritance tax on the gift itself by the beneficiary’s own descendants/beneficiaries outlined in their Will. The method of gifting from these Trusts ensures that all beneficiaries are fully protected against all the above scenarios

With these Trusts we will also update the Wills of both settlors accordingly.

Package options - click on a package to view/download package details:

Property Trust protection for couples with neither party having been diagnosed with a disqualifying medical condition (standard)

For a couple with assets under £650k

For a couple with assets over £650k

Standard Property Trust protection for couples with neither party having been diagnosed with a disqualifying medical condition (who have existing equity release)

For a couple who have taken Equity release

Property Trust protection for couples with neither party having been diagnosed with a disqualifying medical condition (with registered Powers of Attorney included)

For a couple with assets under £650k with the provision of full registered Powers of Attorney for both parties

For a couple with assets over £650k with the provision of full registered Powers of Attorney for both parties

Property Trust protection for couples with neither party having been diagnosed with a disqualifying medical condition who have existing equity release (with registered Powers of Attorney included)

For a couple who have taken Equity release with the provision of full registered Powers of Attorney for both parties

Standard Property Trust protection for couples where one party has been diagnosed with a disqualifying medical condition

For a couple with assets under £650k where one party has been diagnosed with a disqualifying condition but still has mental capacity

For a couple with assets over £650k where one party has been diagnosed with a disqualifying condition but still has mental capacity

For a couple with assets under £650k where one party has lost mental capacity

For a couple with assets over £650k where one party has lost mental capacity

Property Trust protection for couples where one party has been diagnosed with a disqualifying medical condition (with Powers of Attorney included where possible)

For a couple with assets under £650k where one party has been diagnosed with a disqualifying condition but still has mental capacity with the provision of full registered Powers of Attorney for both parties

For a couple with assets over £650k where one party has been diagnosed with a disqualifying condition but still has mental capacity with the provision of full registered Powers of Attorney for both parties

For a couple with assets under £650k where one party has lost mental capacity with the provision of full registered Powers of Attorney for the non-diagnosed party

For a couple with assets over £650k where one party has lost mental capacity with the provision of full registered Powers of Attorney for the non-diagnosed party

Standard Property Trust protection for couples who have existing equity release where one party has been diagnosed with a disqualifying medical condition

For a couple who have taken equity release where one party has been diagnosed with a disqualifying condition but still has mental capacity

For a couple who have taken equity release where one party has been diagnosed with a disqualifying condition and has lost mental capacity

Property Trust protection for couples who have existing equity release where one party has been diagnosed with a disqualifying medical condition (with registered Powers of Attorney included)

For a couple who have taken equity release where one party has been diagnosed with a disqualifying condition but still has mental capacity with the provision of full registered Powers of Attorney for both parties

For a couple who have taken equity release where one party has been diagnosed with a disqualifying condition and has lost mental capacity with the provision of full registered Powers of Attorney for the non-diagnosed party

Related Articles

• Annual trust minutes

• Declaration of Trust

• Deliberate Deprivation of Assets

• Document Witnessing

• Expression of Trust Wishes

• Further Protection using Trusts

• ID we need to see

• Is Probate required?

• Is Your Property Registered?

• Priority Client Cover

• The Role of a Trustee

• The Two Types of Joint Property Ownership

• Video Witnessing

• Wills Based Trusts

• Your property and care fees

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