Trust & Asset Protection
Protectiong your assets
What Exactly is Asset Protection? Why do I need it?
Asset Protection Basics
A Save & Prosper operate as a legal consultancy providing expert Will writing services and Estate Planning advice. Goodwill’s Legal Services Limited, which carries out the legal work, is a regulated law firm and so clients can be certain that they are receiving professional advice from a fully insured practice.
We offer a variety of trusts that can be incorporated into your Will to ensure that your assets continue to be protected after your death.
Protecting your Assets if you go into care
Sadly, up to one in three women and one in five men will need formal care during their lifetime, with more than 500,000 people currently living in residential care. Under the Care Act 2014, if a person is taken into care the Local Authority can use the value of the home owned by that person to fund his or her own care. This could ultimately mean that when the person dies, there is very little of their estate left to be given to their family.
It is illegal to deliberately avoid paying care fees by giving your property away, however it is permissible for both spouses to make a provision in their Will to “sever the tenancy” and allow each spouse to put their half of the property into a Property Protection Trust for their intended beneficiary(ies). This half of the property is then safeguarded for the family making sure that at least some of the estate is passed on to the children and is not available for the Local Authority to include during the financial assessment for care fees.
Protective Property Trust and Family Asset Protection
If you die and your spouse/partner remarries, the new spouse could end up getting the house and your children could get nothing.
Couples (married/unmarried) with children from different relationships. With a protective property trust each spouse/partner can decide who will benefit from their share of the value of the home (normally 50%) which will be held on trust for them until after the second death. Without this trust in place, there is a real risk that some children/stepchildren could end up with nothing.
Selling the family home to pay for care home fees. If a couple own a house as beneficial joint tenants, under a standard will, on first death the survivor will normally inherit 100% of the family home. If the survivor, then needs long term care the local authority can then put a charge on the home to pay for care. This could mean your beneficiaries end up with a reduced inheritance or in some cases nothing at all, depending on the length of time in care. So how does a protective property trust work? In simple terms, the trust works by making sure the surviving spouse never owns 100% of the property. On first death it will state that the first to die does not leave his/her share of the property (normally 50%) to the survivor. It will pass into a trust (held by your nominated trustees).
It does however specify the following:
- right to occupy the home for the surviving spouse for the rest of their life
- right to downsize or move if needed
- each spouse can be named as a trustee of the protective property trust.
If the local authority assesses what the surviving spouse owns, they cannot take into account what has already passed into trust (normally 50%) so they can consider half the value of the home, not all of it.
How is this achieved?
During your home visit, a consultant can discuss this type of trust with no obligation to see if it is suitable for your circumstances and answer any questions you may have.
Press Releases
