The protective property Will trust

 

Our Protective Property Trust Will is specially designed to keep your assets and/or share of your home owned by a deceased partner away from the council's reach while at the same time allowing the surviving partner to continue benefiting from the assets and/or share of the home within the trust. On their death the assets and/or share of the home owned by the trust together with whatever is left of the assets of the second partner can be given to the surviving family.  

 

 

Protect your assets 

 

This arrangement can also be used to keep your share of your property in the hands of your children/chosen beneficiaries once you have died, yet it would still allow your spouse or partner to be able to have the use of  the property for either a set period of time or for his/her lifetime.  It can also be determined by the re-marriage of your spouse or partner after your death.  This ensures that if your spouse or partner were to re-marry the share of the property you own would pass to your children or other chosen beneficiaries as you would wish.

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If you are taken in to care

 

Under the Community Care Act 1990, the local council have the right by law to seize your home, put it up for sale and use the proceeds to support long-term care costs. Obviously, if this happened then it might mean that when you eventually die there could be very little of your estate left for your surviving family.

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It is illegal to deliberately transfer your own property to relatives or trusts if your prime motive is to avoid paying long-term care costs. However, it is not illegal for you and your partner to each make a provision in a Will, that upon the first death, the deceased's half-share of the family assets and/or home, is placed in trust for their children or other beneficiaries, instead of passing direct to the surviving partner.

 

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