For most people, their home represents their greatest financial and emotional asset. A Property Protection Trust is a specialist legal arrangement designed to safeguard that asset—ensuring it passes to your chosen beneficiaries while offering potential protection against care home fees, creditors, or other future claims.
Without this protection in place, your family home could be exposed to risks such as being sold to cover care costs or being claimed by third parties once it passes to a beneficiary.
A Property Protection Trust is usually created through your Will. It allows a nominated person—often a surviving spouse or partner—to remain living in the property for the rest of their life (known as the life tenant).
When the life tenant passes away, ownership of the property transfers to the ultimate beneficiaries named in the trust. Because the property is held within the trust, it enjoys an additional layer of security and control.
Protection from Care Fees: The portion of the property held in trust is often disregarded when local authorities assess care home funding for the life tenant.
Safeguard Against ‘Sideways Disinheritance’: Ensures your share of the property passes to your chosen beneficiaries—even if your surviving partner later remarries.
Creditor Protection: Helps shield the property from potential claims by creditors of your beneficiaries.
At Solutas Legacy, we offer expert, tailored advice to help you decide whether a Property Protection Trust is right for your circumstances. Our service includes:
A comprehensive initial consultation to understand your goals and assets.
Review of your property ownership structure and advice on any required amendments.
Clear guidance on the benefits, limitations, and long-term implications of the trust.
Drafting of precise and legally compliant Will clauses.
Support with the appointment of suitable trustees.
Coordination with Land Registry where property title changes are necessary.
Integration of the trust within your wider estate planning strategy.
Our experienced team will manage the entire process with clarity and care—ensuring your home is protected exactly as you intend.
Contact Solutas Legacy today to find out how a Property Protection Trust can help secure your home and your family’s future.
In the UK, there are two main types of Lasting Power of Attorney, each designed to protect different aspects of your life and wellbeing. Many people choose to have both in place for complete peace of mind.
This type of LPA allows your appointed attorney(s) to manage your financial matters and property. It ensures your money, assets, and day-to-day finances are looked after responsibly if you’re unable to do so yourself.
This LPA gives your chosen attorney(s) the authority to make decisions about your health, care, and personal welfare — but only if you are no longer able to make those decisions yourself.
Our experienced team provides personalised guidance to help you protect your assets and plan for the future with confidence.
Most couples own their property as joint tenants. This means ownership automatically passes to the survivor. To include a Protective Property Trust in your Will, you will need to own your home as ‘tenants in common’ so you each have a share of your home to give via your Will.
Don’t worry – we will check how you own your property and help you change to tenants in common if needed.
Typical terms of Protective Property Trusts include:
• A right to remain living in the home (usually for life)
• Flexibility to move home
• A right to income (e.g. if your spouse goes into care and the house is rented out)
If your spouse/partner moves home, the Trust can apply to the new property and any surplus from downsizing be shared equally between the deceased’s trust and the survivor.
This is very risky! Imagine what would happen if your spouse/partner and children fall out, or your children want to sell, become bankrupt or get divorced? Your spouse/partner would be vulnerable and could even end up homeless. A Protective Property Trust is a safer alternative.
The Local Authority will only consider what your spouse/partner owns when making decisions about paying for care. Your share of your home in Trust is protected for your children’s benefit.
Family, friends or a professional trustee. Often the surviving spouse will be included as a trustee alongside their adult children if appropriate. Your choice of trustees will be discussed with you.
On first death, the property needs to be transferred into the names of the trustees. They must ensure the property is insured, maintained, keep records, and pay tax if due. If the trust still exists two years after death, the trustees must register the trust with HMRC. The exception is that if the trust incurs a UK tax liability earlier than the two-year anniversary, it must be registered within 90 days of the tax liability arising. When the trust ends, the trustees will transfer the trust property to the beneficiaries.
Your consultation is completely free, confidential, and designed to help you make informed decisions for the future.
