PROPERTY PROTECTION TRUSTS
ASSET PRESERVATION
INHERITANCE PLANNING
COMBINED WILL & TRUST PACKAGES
Why Choose Langham Wills?
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FLEXIBLE APPOINTMENTS
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ESTABLISHED SINCE 1996
Nearly 30 years of experience and thousands of satisfied customers
Our Simple 3 Step Process
1
Book Your Free Consultation
Call us, or complete the form below — it only takes 2 minutes
2
Meet Your Advisor
A specialist visits your home (or video call) to understand your wishes
3
Receive Your Documents
Your professionally prepared, legally binding documents are delivered
What is a Property Protection Trust?
A Property Protection Trust (PPT) — sometimes called an Asset Protection Trust — is a legal arrangement written into your Will that places your share of the family home into a trust when you die. Rather than passing directly to your surviving partner, your share is held in trust for your chosen beneficiaries (usually your children or grandchildren) while your partner retains the right to live in the property for the rest of their life.
This has two important protective functions:
1. Protection from sideways disinheritance: If your surviving partner later remarries or changes their Will, your share of the property is ring-fenced — it cannot be redirected away from the beneficiaries you originally chose.
2. Mitigation of care home fee liability: If your share of the property is held in trust rather than belonging outright to your surviving partner, it may be excluded from a local authority means test when assessing care home fee contributions. This is a complex area and professional advice is essential — our advisers will explain exactly how this applies to your situation.
How a Property Protection Trust Works
Stage | What happens | Key people involved |
|---|---|---|
1. Own as tenants in common | You and your partner change ownership from joint tenants to tenants in common so each has a defined share (often 50/50). | You, your partner, conveyancer/solicitor. |
2. Write wills with trust clause | Your wills say that when the first partner dies, their share of the home goes into a property protection trust. | You, your partner, will writer/solicitor. |
3. First death | When the first partner dies, their share of the property passes into the trust rather than directly to the survivor. | Trustees, surviving partner, probate solicitor. |
4. Life interest for survivor | The surviving partner is granted a ‘life interest’ so they can live in the property (or a replacement property) for life or until a trigger event (e.g. remarriage, moving into care). | Trustees, surviving partner. |
5. Possible sale and move | If the home is sold, the trust’s share of the sale proceeds is reinvested into a new property or held as cash/investments for the survivor’s benefit. | Trustees, estate agents, solicitors. |
6. Ongoing management | Trustees manage the trust assets, ensure the property is insured and maintained, and deal with any income or tax reporting. | Trustees, accountant, possibly financial adviser. |
7. End of life interest | When the survivor dies or a trigger event occurs, their right to occupy ends and the trust comes to an end or moves to the next stage defined in the deed. | Trustees, beneficiaries, solicitor. |
8. Distribution to beneficiaries | Trustees transfer the deceased’s share (or its value) to the beneficiaries named in the will/trust. | Trustees, beneficiaries. |
Is a Property Protection Trust Right For You?
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A trust Will may be worth considering if:
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You own property jointly with a partner
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You have children from a previous relationship whose inheritance you want to protect
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You are concerned about the potential impact of care home fees on the family home
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You want greater control over how your estate is ultimately distributed
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Our advisers will assess your individual circumstances and recommend the most appropriate estate planning solution — with no obligation and no jargon.