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Trust Wills

Property Protection Trust
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Discretionary Trust
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Lifetime Trust
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PPPT (Probate Preservation Plus Trust)
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You insure your house, you insure your car and you insure your technology. So why wouldn’t you insure your legacy for your family’s future?

A Trust provides a layer of protection for the legacy you leave your loved ones from eight common situations.

Protection against:

  • Your children being excluded through re-marriage
  • Loss of inheritance through divorce – legally ring fencing it outside of the estate which is taken into consideration for division
  • Bad spending habits – Elect Trustees to manage how the money is spent according to your wishes.
  • Loss of care fee funding – protect the family home from assessment by the local authority to pay for care fees.
  • Inheritance tax across the generations – alleviate potential inheritance tax liabilities.
  • A stranger inheriting your assets – Elect trustees to ensure your legacy is never passed onto a stranger.
  • Bankruptcy – Trust contents are protected from creditors
  • The vulnerable position of a loved one – safeguard a vulnerable beneficiary.

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Our main priority is to support you to get the protection in place for your legacy. If you need to spread the payments over 3 months we have a payment plan available to make it more affordable.

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Frequently Asked Questions

What is a Home Protection Trust?

The technical name for a Home Protection Trust is a ‘Lifetime Discretionary Trust’. Because the law dictates that the assets are held by the Trust on your behalf, a Home Protection Trust is a type of ‘safe’ which is designed to protect you against anything that may endanger the security of your home or savings in years to come. You still have complete control and can move, sell or invest as before.

By transferring your home and assets into a trust, you can continue living in the property for the rest of your life and you become the Trustee.  Although the trust then owns the property, you retain all the benefits and flexibility of owning your own home, meaning you can sell the property at any time or move to a smaller property with the trust still in place.  When you pass away, the property passes to the beneficiaries named in your Will.

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What is a Property Protection Trust?

A Property Protection Trust is a type of Discretionary Trust written into a Will that protects the property only on death of the owner.

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How does a Property Protection Trust work?

A Property Protection Trust is a two-stage process:
Stage one – severing the tenancy: Most couples own their property jointly, as ‘beneficial joint tenants’. By severing the tenancy of ownership and changing it to ‘Tenants in Common’ (where you own 50% of the property each), you each have control over your half of the property.

Stage two – writing a new Will: at Zen, we write your Will in such a way that on first death, that spouses half of the property will drop into a trust, thereby protecting it for the chosen beneficiaries.  The same happens on second death, meaning the beneficiaries then inherit the whole house on second death.

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What is a Discretionary Trust and how does it work?

A Discretionary Trust is when money or other assets from your Estate are left in a trust in your Will. The trust is managed by two appointed Trustees of your choosing, who decide which people become Beneficiaries and when and how they should receive any inheritance.  It is normal to provide a Letter of Wishes when writing your Will. This letter gives direction to your Trustees so that they understand what you would like your trust to achieve and the reasons you set it up in the first place.

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Will a Home Protection Trust protect against Care Fees?

Anyone with assets above £23,250 in England and £50,000 in Wales, are unlikely to receive state help with Care Costs.  Sadly, unless you or your family can afford to pay privately, the Local Authority may ask you to sell your home to fund your Care.  You cannot set up a Home Protection Trust to protect against care costs as this would be classed as ‘deprivation of assets’, however, providing  you are fit and well and care is not the reason for setting up a Home Protection Trust, it may be a benefit if set up at the right time (when care isn’t foreseeable), for the right reasons and for the right people.  Many people find that the assets held within a Home Protection Trust will be disregarded during care fees means assessments.

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Does a Property Protection Trust protect against care fees?

In theory, a PPT should protect half your home.  If one person dies, their half drops into the trust and is protected.  If the survivor then goes into care, the Local Authority can only means test that half of the property.  The same applies if the one spouse is in care – their half can be used during means testing assessments. If the other spouse then passes away without needing care, their half drops into the trust for the beneficiaries.

I’ve been told I can use a Home Protection Trust to disinherit a child.  Is that true?

The only way you can ensure a child cannot challenge your Will is to hold your assets in Trust for a total of six years prior to your death.  Simply writing them out of your Will, will not suffice, regardless of any disinheritance clauses.

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Does a Home Protection Trust prevent Probate?

Yes, if assets are held in a Home Protection Trust prior to death, the trust passes to the beneficiaries within a few days of your death.  Any assets held outside of the trust would still be likely to require Probate.

I’ve been told a Property Protection Trust would help in the case of re-marriage.  How does that work?

Sadly, many people lose a partner in their fifties and sixties.  Statistically, more people ‘marry after death’ in their sixties and seventies than any other age group.  If the original spouse passed away leaving everything to the surviving spouse, who then re-married, failing to make a new Will or making a Will leaving everything to the new husband or wife, the children from the original marriage can lose their entire inheritance to a new step-parent.  This is called ‘sideways disinheritance’.

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Can a Property Protection Trust fail?

If both parties require long term nursing care, the Local Authority will take each spouses half of the house into consideration when means testing, so in effect, neither half could drop into the trust on death as it would have been already accounted for.

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Why would I want a Property Protection Trust?

Not everyone can afford detailed estate planning, other people do not want that level of service.   By doing nothing, you could either die intestate (without a Will), leaving a real mess behind for your next of kin to sort out, or you could die and leave everything to your spouse, meaning it would be vulnerable if they re-married or needed long term care.  A PPT is an affordable way of protecting (in most instances), at least half your home for your beneficiaries.

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How long does a Discretionary Trust last?

A UK based Discretionary Trust can last up to 125 years if there are assets within the trust.

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Why would I need a Discretionary Trust?

Discretionary trusts provide a flexible way to indirectly pass assets, property and money to your beneficiaries when you pass away.  If set up correctly, they can be tax efficient and make certain your wishes are followed upon your death.

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Who are the people involved in a Home Protection Trust?

There are several key people involved in a Home Protection Scheme Trust;

  1. The Settlor: the settlor (you) is the person who transfers the money or asset into the trust to protect it for the beneficiaries;
  2. The Trustee: (still you!) is the person who has complete control over the contents of the trust for the duration of their lifetime;
  3. The Beneficiary: during your lifetime, this is also you, as you benefit from the assets in the trust. Once you have passed away, the beneficiaries become the people you have nominated in your Will, who will inherit your assets on death.  However, they will inherit the trust containing the assets rather than the assets directly.
  4. The Professional Trustee:  this is optional and means a professional person who would be there to oversee your trust is run correctly and in accordance with current legislation.  This option would involve extra costs and associated fees.
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Can a Home Protection Trust be used to help my IHT issue?

Home Protection Trusts will not help your Inheritance Tax Issue, however if your children are above the IHT threshold, any money left to them held in this type of trust can be left in the trust and would not form part of their estate for tax purposes.  If you have an IHT issue, there are other tax planning tools available to you.

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ZenLegal operate as a company registered in England & Wales with Company No: 08891385
Our registered office is 64 Mansfield Street, Leicester, LE1 3DL