BETTER PROTECTION WITH BETTER UNDERSTANDING
Keep the value of your biggest asset
for your beneficiaries, no one else.
There is a lot of confusion out there regarding what is the best way to protect your biggest asset from having its value diminished after you die.
You are not going to want to see the value of your home eaten up by taxes, probate or future care costs. The only way to do that is to have the right trust in place to protect your family. Too many people choose the wrong trust to get that accomplished and end up with a whole new set of problems to deal with when they are alive.
How can you protect your assets from being gobbled up by future care costs?
The ONLY permitted way to do this, working within the legal system, is through a Protective Property Trust. A PPT allows you to transfer the ownership of half of a property to the Trust. Your spouse can then apply for future care cost assistance without the value of half of the asset being taken into account. This in turn leaves more value for your beneficiaries to inherit in the long run.
A PPT also prevents your partner from being able to pass ownership of the property to a future spouse or partner. This, in turn, assures that your beneficiaries inherit, no one else.
Creating this type of Will Trust is not something that we ever advise people to do as a matter of course. We need to determine if this is the right tool for the future of your family. In many circumstances, this kind of trust is contested because it can appear as avoidance or intentional deprivation. There are also circumstances where it just doesn’t make sense financially.
Careful consideration of what goes into making up the structure of your Will is what we specialize in. It is why every Will and Trust relationship starts with a consultation, not a sales pitch. We want you to sign with confidence that this is the right thing for you and your family.
IS IT RIGHT FOR YOU?
PPT is a double-edged sword.
It’s not always the right tool for the job. And it can come back to haunt you in the end. While the PPT was originally designed to create a buffer between future spousal relationships and inheritance being transferred away from the deceased’s intended beneficiaries, it has mutated into being used to avoid paying for future care costs.
As councils became more savvy, contesting of PPT legitimacy has risen, especially when future care costs were a known factor at the time of establishing the trust. Timing is everything with this tool. By seeking out our assistance, you can make the right decision and stay on the right side of a potential legal ruling. Don’t go it alone. Get your free consultation with professionals who keep your whole picture in mind when making your Will and Trusts.
- Protects the value from being calculated in future care costs
- Prevents future partner’s spouse from gaining control of asset
- Protects value of future inheritance for beneficiaries
- Partner can lose value of home upon sale
- Only useful upon certain value thresholds
- Can be contested by local councils if suspect
- Call Olive Tree Law to get an honest appraisal of what is right for you and your family.
Frequently Asked Questions
SHOULD I JUST TRANSFER OWNERSHIP?
This can cause an undesirable, taxable, event for the new owner. Instead of bending over backwards to avoid taxation and fees, we work with our clients within the allowed legal framework to help them keep as much of their assets for their beneficiaries as possible. If you are entertaining this thought, it’s a great idea to bring to the table at your consultation.
WHY IS PPT TRICKY?
It was originally designed to protect beneficiaries from having their inheritance disappear through remarriage and reallocation of assets. What it became was a loophole to avoid care costs. Councils started to put two and two together and have started looking closely at obvious avoidance circumstances. Let’s talk about PPT and when it is the right thing to use.
IS A PPT EXPENSIVE TO SET UP?
It all depends.
If you could have protected your beneficiaries’ inheritance but didn’t, it’s expensive not to.
If you set it up for the wrong reasons and the trust fails scrutiny, it’s expensive.
We don’t know what the value of setting up this kind of trust will be until we sit down and talk about your specific circumstances. Let’s get you some solid answers.
Get in touch
Protective Property Trusts
written in Retford, delivered
Protective Property Trusts are just one of the many tools we use to help our clients protect their assets and provide more value to their beneficiaries. Call us today so we can help you to realize the value of having a professional guide through this process. 01777 712 733