A Protective Property Trust (PPT) is a type of trust that allows homeowners to safeguard their share of a property for chosen beneficiaries, usually their children or loved ones. This ensures that their share of the home is protected from care home fees, remarriage, or creditors after their passing.

By setting up a Protective Property Trust, you can secure your family’s inheritance and prevent your property from being automatically transferred to a new spouse or lost due to financial liabilities. Learn more about our Will Trusts for added estate protection.

A Protective Property Trust is written into your Will and typically applies to jointly owned properties. When the first homeowner passes away:
✅ Their share of the property is placed in the trust.
✅ The surviving partner retains the legal right to live in the property.
✅ Upon the surviving partner’s passing, the trust ensures the deceased’s share is passed to their chosen beneficiaries.

This prevents the entire property from being claimed for care home fees or redirected due to remarriage. To ensure your Will includes a PPT, check out our Will Writing Services.

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.

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.

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.

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.

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.

Setting up a Protective Property Trust involves:
1️⃣ Updating your Will to include the trust.
2️⃣ Ensuring joint ownership is structured as Tenants in Common.
3️⃣ Appointing trustees to manage the trust after your passing.
4️⃣ Getting expert legal guidance to avoid errors.

At Town & Country Law, we offer professional Protective Property Trust services to ensure your estate is properly protected. Contact us today for a free consultation.

Secure Your Home & Inheritance with a Protective Property Trust

A Protective Property Trust is a powerful way to ensure your estate is passed down according to your wishes while protecting it from care fees, remarriage, and financial risks.

📞 Ready to set up your Protective Property Trust? Speak to our team today: Contact Us.