Setting up a Property Protection Trust
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.
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.
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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.
Joanne Lamb – The will service was personal, professional, prompt and of excellent quality. I feel I have successfully secured my wishes and protected those dearest to me in the event of my passing. Absolutely worth the investment. Thank you Nigel.
April-Dawn Martin – Nigel Johnson has been extremely helpful, honest, thoughtful with my personal details & thoroughly professional with regards to our Will. Along with other details I felt totally at ease & he has come across as extremely trustworthy, & really cared about us. He has made me feel like I’m his only Client, so thank you so much Nigel for caring enough to deal with us.
Doreen – Nigel came to our house as my mum needed to make a new will. He was very professional but at the same time was friendly and easy going and that instantly put my mum at ease. He explained everything really well and l don’t think l could have found anyone better.
Thank you Nigel
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Karen Oldham – Nigel visited my elderly parents to sort out their will and deeds. He made it a very straight forward experience for them. Nigel was extremely friendly and when explaining a very complex subject to my parents he made it easy for them to understand. Throughout the whole process Nigel was very professional and he gave them plenty of time to think about the options open to them. We would highly recommend Nj legal services.
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