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A property protection trust is a trust that safeguards your property assets for the benefit of your beneficiaries. By establishing a property protection trust, you transfer ownership of your property into it, making the trust the new legal owner of your home or other property. Unlike other types of trusts, you can continue living in and using the property while it is held within the trust.
You can set up a property protection trust for a variety of reasons. One of the biggest benefits is that it can help you protect your property from being included in your estate for inheritance tax purposes. This is because the property is no longer legally owned by you. Instead, it is part of the trust, which is a separate legal entity. The value of the property is therefore not counted as part of your estate when calculating inheritance tax liability.
Another benefit is that a property protection trust can help protect your property from being used to pay for long-term care costs. If you need to go into a care home and your assets are assessed to pay for the costs, the property owned by the trust may be protected. This is because, as before, the value of the property does not belong to you anymore. Your beneficiaries are the beneficiaries of the trust instead.
When you set up a property protection trust see here for putting a property in trust, you will need to appoint trustees to manage the trust. Trustees have legal powers and are required to act in the best interests of the beneficiaries. They will be responsible for managing the trust’s affairs, including maintaining the property and managing any income it generates.
It’s crucial to approach the decision of setting up a property protection trust with careful consideration. Seeking professional advice is vital to determine if it’s the right choice for your circumstances. Additionally, ongoing costs, including legal and administrative fees, should be taken into account. On the whole, a property protection trust can effectively safeguard your property, while ensuring your loved ones benefit from it. It can reduce your inheritance tax liability, shield your property from long-term care expenses, and provide peace of mind regarding your assets. Nevertheless, professional advice should be sought, and the decision to establish a trust should be thoroughly pondered. This way, you can make an informed choice and ensure the trust is tailored to meet your unique needs and requirements.
Hire a pro: If you want to establish a property protection trust, it’s crucial to consult with a professional. They’ll guide you through the process and handle all the legal formalities. Deciding to create a trust can be complex, so it’s always wise to seek expert advice. An experienced solicitor can help you set up your trust and address any queries or apprehensions you might have
Fund the trust: Your property protection trust will not function without assets. Hence, the trust must be properly funded. Benefactors can fund trusts during their lifetime or upon passing. Funding a trust will be different for each family since it will depend on the assets owned and the family’s circumstances. This step is where professional advice is crucial since many factors will impact the funding decisio. n
Choose the right kind of trust: When it comes to setting up a property protection trust, it’s essential to select the right type of trust. Three types of trusts are popular in the UK – bare trusts, discretionary trusts, and lastly, interest in possession trusts.
The type of trust you choose will depend on your specific circumstances and your preferences. It’s essential to work with your solicitor to determine the most suitable type of trust to meet your objectives.