This is a very important area to consider when deciding on making your will. This type of trust can only be created when both partners are both still alive. The property needs to be owned as tenants in common, we are able to change this for you. The trust instrument is then included in both wills however this does not come into force until first death.
When this happens the deceased share goes into trust for the intended beneficiaries very often the children, whilst the survivor owns their share of the property normally 50%. The survivor also has a life interest in the property which enables them to remain in the property for the remainder of their life. If they choose they can sell the property without having to ask permission and move to a new property the terms of the trust remain over the second property.
Why would we choose to take out a property protection trust? The real benefits are twofold. Firstly if a couple are on their second marriage they may have children from their previous marriage this enables for both of them to ensure that all their children will benefit from the proceeds of the sale of any property after death. Secondly let us assume there has not been a previous marriage then a Property protection trust ensures to protect against potential sideways disinheritance.
What this means is that should someone pass away and the remaining spouse remarries there is a risk that the children may not benefit as intended from the property that belonged to their parents, the trust ensures that this will not happen it will protect the children’s interest whatever the outcome.
There is also a third reason for the trust, if the survivor from a marriage goes into long term care their assets will be assessed to help pay towards their care. This includes the property. Because half of the property is in trust for the children or intended beneficiaries, then the local authority cannot take this share into account as part of the assessment. Therefore it has been protected on behalf of the children.
These are all very relevant points to consider and the benefits of the Trust cannot be underestimated. There are other Trusts to consider that may be relevant depending on your particular circumstances and value of your home. We are able to provide free confidential advice in this very important area.