Property Protection Trust Wills

Helping Protect The Family Home For Future Generations

For many families, the family home is their largest asset. It often represents decades of hard work, sacrifice and memories.

Naturally, many people want to ensure that at least part of that asset ultimately passes to the people they intend to benefit.

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A property Protection Trust can help ensure that at least part of that asset ultimately passes to the people you want to benefit, whilst still allowing a surviving spouse or partner to continue living in the property.

✓ A surviving spouse or partner remarrying.

✓ Assets being redirected away from your chosen beneficiaries.

✓ A surviving spouse changing their Will after your death.

✓ Financial difficulties affecting the surviving spouse.

WHAT ARE PEOPLE WORRIED ABOUT?

✓ Your share of the property being assessed as part of the survivor's estate for care fee planning purposes.

✓ The family home becoming vulnerable to future claims against the survivor's estate.

✓ Children ultimately receiving less than you intended.

✓ Ring-fencing your share of the property for your chosen beneficiaries.

✓ Allowing a surviving spouse or partner to remain in the property for life.

✓ Providing flexibility to move home if circumstances change.

✓ Helping ensure your share of the property ultimately passes to your children or other chosen beneficiaries.

✓ Providing a degree of protection against future changes in family circumstances.

HOW CAN A PROPERTY PROTECTION TRUST HELP?

Property Protection Trusts are particularly popular for:

Married couples
Civil partners
Blended families
Families wanting to preserve part of the family home for future generations

The objective is not to restrict the surviving spouse. It is to provide security for them during their lifetime whilst helping ensure your share of the property ultimately reaches the people you intended to benefit.

Property Protection Trusts are particularly beneficial for:

Icon of a metal ring and an engagement ring with a diamond, on a brown circular background.

Married Couples

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Blended families

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Civil Partners

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Protecting your family home

THE PART MOST PEOPLE DON'T KNOW

Many people assume that because a Property Protection Trust is mentioned in their Will, it automatically comes into effect after they die.

Unfortunately, that is not always the case. It is very common to find a Property Protection Trust in a Will. It is equally common to discover that it has never been properly activated. Executors often believe that because the trust is written into the Will, everything has already been done. In reality, additional steps are often required.

In many cases, the trust needs to be formally enacted within two years of death and before other arrangements concerning the property are completed. If this is overlooked, the planning may not achieve the outcome originally intended.

This is one of the reasons why professional post-death guidance can be so important.

Property Protection Trusts don’t always activate automatically.

Someone often needs to ensure the trust is properly implemented.

PROPERTY PROTECTION TRUST ACTIVATION SERVICE

At Trafalgar Estate Planning, we provide a dedicated Property Protection Trust Activation Service to help families ensure the trust is implemented correctly.

✓ Initial review of probate and title.

✓ Trustee appointment review.

✓ Trust activation advice.

✓ Trustee meeting and minutes.

✓ Beneficiary guidance

✓ TRS registration where applicable.

✓ Liaison with the conveyancer or solicitor handling the property transfer.

✓ Final trust file.

✓ Ongoing reviews where appropriate

This is exactly the kind of service that adds real value.

Because many families assume the trust "just happens" automatically after probate.

IS A PROPERTY PROTECTION TRUST RIGHT FOR YOU?

Not necessarily.

Every family is different. A Property Protection Trust is just one option. There may be alternative arrangements that are more suitable for your circumstances, your family structure and your objectives.

At Trafalgar Estate Planning, we don't believe everyone needs a trust.

And we certainly don't believe in recommending solutions before understanding the problem.

Our role is to explain:

✓ The advantages

✓ The disadvantages

✓ The alternatives

✓ The options available

So that you can make an informed decision.