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Property Protection Trusts

Property Protection Trusts Nottingham, Derby & Sheffield

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.

Call us on 0800 689 0923

If you would like to set up a Property Protection Trust, we cover across Nottingham, Derby, Sheffield, the Midlands, the South and beyond – get in touch for advice.

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 which is 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.

We offer a free, no obligation consultation at a time to suit you, to discuss your needs.

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    Important: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.

    Will the Trust protect my interests? 

    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.

    A Trust ensures that this will not happen it will protect the children’s interest whatever the outcome.

    Give us a call to discuss setting up a Property Protection Trust on 0800 689 0923.

    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 about Long Term Care?

    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.

    See Long Term Care Planning for more information.

    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.

    Give us a call to discuss setting up a Property Protection Trust on 0800 689 0923, or visit our contact page for more details.

    Client reviews

    5.0 rating

    Mr Fred Spencer – A friend of mine sent me the document written by Nigel, which was mainly about reducing the care fees that may be charged by our local council if either myself, or my wife needed to go into care. I found the document to be very informative and easy to understand. I then decided to talk to Nigel about what we may need to do in terms of our own Estate planning. Within minutes of talking to Nigel, he made me feel that he really had our interests at heart and he gave me quite a bit of free advice. As a result of this advice, we decided to commission NJ Legal Services to draw up new wills for us both and to change the ownership details of our property with the Land Registry. I would not hesitate to recommend NJ Legal Services and obviously, Nigel in particular, to friends and family. A truly easy and friendly experience.

    5.0 rating

    Mrs Susan Hammerton – We were visited at home by Nigel who was friendly and very professional. His help and advice was given with patience and courtesy. Everything was explained perfectly. We are very pleased to recommend NJ Legal services.

    5.0 rating

    Keith Hawley – This service was a gem we did everything on line fast and trouble free everything in plain English easy to understand the introduction booklet Nigel has produced was most helpful especially the information about Lasting Power Of Attorney saved me a fortune.

    5.0 rating

    Nisita Vadher – We found NJ legal services online when we were searching for a solicitor to write out a will for my parents. I received a call back within a couple of hours of requesting this service. Nigel was incredibly helpful and explained the procedure in great detail. We were unsure of how this process worked and he had made sure to break down the process for us making it very simple and easy to understand. All of our questions were answered for us and the process took no longer than 1 hour! We are incredibly happy with the service that we have received and will definitely be recommending NJ Legal services to all our family and friends. Thank you very much Nigel.

    5.0 rating

    Mrs V Billing – Nigel Johnson is the most professional and helpful friendly solicitor I have ever had the privilege too speak with. We have been in contact by phone and letters over the last few weeks sorting out my husband and my wills etc. If you have any queries he is just a phone call away and has a lot of patience, explaining things thoroughly. Excellent service highly recommended.

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