Protected Property Trust
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A Guide to a Protected Property Trust
A Protected Property Trust is a legally binding instruction which can be implemented into your Last Will & Testament.
How does a Protective Property Trust Work?
On death, your share of your property you own is passed into a trust. The Trust is set up to accept the share of the property and at the same time a lifetime interest is created for the remaining tenant of the property
What does the lifetime interest allow the remaining tenants to do?
- Sell the property if they wish to, in conjunction with the Trust.
- Buy another property with the proceeds of the sale of the original property. If downsizing the surplus equity can be split with any remaining receiving getting a share of the surplus equity.
- The powers of the Trust will allow the remaining spouse/partner to borrow any equity in the Trust.
- The property cannot be sold without the permission of the lifetime tenant (normally the remaining spouse/partner or children).
- The lifetime tenants cannot be evicted from the house for the rest of their lives or a condition of your choosing.
- The ultimate beneﬁciaries of the Trust would normally be the children after second death or someone of your choosing.
Why would this trust be important in my situation?
- Protecting the property from being sold to fund Long term care.
- For couples (married or unmarried) who have children from different relationships. Each Partner/spouse would determine who would beneﬁt from the Protective Property Trust and in what shares after second death. This ensures that your children from any relationship will always inherit your share of any property held in Joint names.
- The trust will act as a ring fence for the life tenant in the event one of the ultimate beneficiary’s spouses were to ﬁle for divorce as the property cannot be used in divorce proceedings once in Trust.
Please speak to our specialist advisers if you need more information on this product. Assured Wills & Estate Planning Ltd.