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.
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.
Setting up a property protection trust is a decision not to be taken lightly. It’s crucial to seek professional advice to determine if it’s the right option for your circumstances. There are ongoing costs involved, including legal and administrative fees. Nevertheless, a property protection trust can be a useful way of safeguarding your property while ensuring your loved ones benefit from it. It can help reduce inheritance tax liability, protect your property from being used for long-term care expenses, and provide peace of mind that your assets are secure. But, seeking professional advice and carefully considering the decision before proceeding is essential. This way, you can make an informed decision and ensure the trust is tailored to meet your specific needs.
STEP ONE
Seeking the guidance of a professional is crucial when establishing a property protection trust. Entrusting legal formalities to a skilled solicitor ensures a thorough understanding of the process. Making such decisions can be intricate, thus obtaining expert advice is always prudent. An experienced solicitor can facilitate the creation of your trust and address any queries or apprehensions you may possess.
STEP TWO
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 decision.
STEP THREE
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.
