Why get a Property Trust?
Who should consider a property trust?
A Protective Property Trust is ideal for homeowners who want to:
- Ensure their children inherit their share of the property.
- Prevent assets from being used to pay for long-term care fees.
- Protect their estate from being lost due to remarriage.
- Reduce the risk of inheritance disputes among family members.
If you want to discuss how a Protective Property Trust fits into your estate plan, speak to our experts on Estate Planning.
Can a PPT Help Reduce Care Home Fees?
Yes. If a property is fully owned by a surviving spouse, local authorities may count the entire value of the home when assessing care home fees. However, when a Protective Property Trust is in place, the deceased’s share is ring-fencedfor beneficiaries, meaning only the survivor’s share is considered for care costs.
If you are interested in how a life time trust may assist you protect your estate from care fees, get in touch and one of our expert advisers will explain the different options available to you.
To explore more ways to potentially:
- Protect the Trust assets for your beneficiaries in the event of a divorce, bankruptcy or other unexpected events such as long term care fees.
- Prevent sideways disinheritance from situations caused by second marriages. Don’t forget, a second marriage automatically cancels your Will.
- Protect your estate from care fees.
Visit our Family Probate Trust page.
Does a PPT Affect the Surviving Spouse?
No, the surviving spouse retains the right to live in the property for life. The trust ensures they:
Can live in the home without being forced to sell.
Can move to a different property if required.
Cannot sell or give away the deceased’s share of the home.
This provides financial security while ensuring the original owner’s inheritance wishes are upheld. Learn more about Lasting Powers of Attorney to protect other aspects of your estate.
What Happens If the Surviving Partner Remarries?
If the surviving spouse remarries and does not have a Protective Property Trust, the entire property could be inherited by the new spouse, cutting out the children from the first marriage. A PPT prevents this by securing the deceased’s share for their intended beneficiaries.
For more ways to protect your estate in second marriages, consider setting up a Will Trust.
Can a Protective Property Trust Be Challenged?
While a Protective Property Trust is a legally binding arrangement, it can be challenged in court under certain circumstances, such as:
- Claims under the Inheritance (Provision for Family and Dependents) Act 1975.
- Allegations of coercion or lack of mental capacity when the Will was made.
To ensure your Protective Property Trust is legally watertight, work with experienced Probate Services professionals.
Why get an LPA set up?
What is a Lasting Power of Attorney & do I need one?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone (your attorney) to make decisions on your behalf if you lose mental capacity. Without an LPA, your loved ones may face legal difficulties when making decisions about your healthcare, finances, or property.
To understand more about the benefits of an LPA, get in touch with of our friendly expert advisers today.
What happens if I don’t have an LPA in place?
If you lose mental capacity without an LPA, your family may need to apply to the Court of Protection to gain control over your finances or health decisions. This can be:
Expensive – Court applications cost significantly more than setting up an LPA. Time-Consuming – The process can take months, leaving loved ones without decision-making power. Stressful – Your family may not automatically have the right to make decisions for you.
Protect your future today by setting up an LPA. Enter your details into one of the forms on this page to speak to one of our Lasting Powers of Attorneyexpert advisers.
What are the different types of Lasting Power of Attorney?
There are two types of LPA in England & Wales:
- Health and Welfare LPA – Covers decisions about medical treatment, care, and living arrangements.
- Property and Financial Affairs LPA – Covers decisions about finances, property, and bank accounts.
Each serves a different purpose, and many people choose to have both. Learn more about estate planning and how an LPA fits into your wider plans by visiting our Estate Planning services.
How much does it cost to make a Lasting Power of Attorney?
The standard registration fee per LPA is £82 (as of 2024), payable to the Office of the Public Guardian. However, professional assistance ensures your LPA is correctly drafted and legally sound.
At Town & Country Law, we offer expert LPA drafting services to avoid costly mistakes. Get a free consultation today.
Can a Protective Property Trust Be Challenged?
While a Protective Property Trust is a legally binding arrangement, it can be challenged in court under certain circumstances, such as:
- Claims under the Inheritance (Provision for Family and Dependents) Act 1975.
- Allegations of coercion or lack of mental capacity when the Will was made.
To ensure your Protective Property Trust is legally watertight, work with experienced Probate Services professionals.