Property Protection Trusts

Safeguarding your home and legacy.

What is a Property Protection Trust (PPT)?

A Property Protection Trust is a type of trust written into your Will, often referred to as an enhanced estate planning option. It is commonly used when a property is jointly owned, typically by a married couple or long-term partners, to ensure that each person's share of the property is protected and passed on according to their wishes.

In a standard Will, most couples leave their entire estate to one another. However, a Property Protection Trust allows you to leave your share of the jointly owned property to someone else, such as your children, instead of it automatically passing to your spouse or partner.

To establish a PPT, a Severance of Tenancy must also be completed. This legally separates the ownership of the property into individual shares, allowing each partner to control what happens to their share through their Will.

Benefits of a Property Protection Trust

  • Control Over Your Legacy
    Ensures that your share of the property passes to your chosen beneficiaries — even if your spouse remarries after your death (as remarriage invalidates any existing Will).
  • Protection Against Changing Wills
    Safeguards your wishes from being overridden if your spouse or partner creates a new Will after your death.
  • Care Fee Protection
    May help shield part of the property from being used to fund care home fees if the surviving partner later requires long-term care.
  • Financial Safeguarding
    Provides a layer of protection in case the surviving partner experiences financial difficulty or becomes vulnerable.

What Does This Mean for the Surviving Spouse or Partner?

Your spouse or partner, as the remaining joint owner, would retain a legal right to live in the property for the rest of their life. They cannot be evicted or removed by anyone else.

They would also have the flexibility to sell the property and purchase another if needed. In this case, the value of your share would remain protected within the trust and transferred to the new property.

The trust is typically managed by the surviving partner alongside at least one appointed trustee, often a trusted family member, to ensure your wishes are respected and the trust is administered properly.

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