Property Protection Trusts

Will trusts · Option

Property Protection Trusts

Keep your home available for your spouse or partner while ring‑fencing your share for your chosen heirs – often used to protect children’s inheritance if the survivor later remarries or faces care‑home fees.

What is a Property Protection Trust?

It is a clause in your Will that sends your share of the home into a trust on first death, instead of leaving it outright to your spouse or partner. The survivor keeps the right to live in the property, but your share is legally reserved for your chosen beneficiaries, usually your children.

This is popular with couples who want to look after each other, but also want to reduce the risk of children being disinherited by later relationships, new Wills or care‑fee assessments.

In practice, the survivor has “use without full ownership” of your share – they can stay in the home, while trustees hold your part for your beneficiaries.

Survivor can stay in the home Your share reserved for your heirs Helps reduce sideways disinheritance Often used with tenants‑in‑common ownership

Who is it usually for?

Couples worried that if the survivor remarries, children could lose out on an inheritance.
Clients with children from previous relationships who want their share of the home protected.
Couples concerned that future care‑home fees could erode the value of the family home.
Anyone who wants a balance between partner protection and children’s long‑term security.

You normally need to own the property as “tenants in common”, so that each of you has a distinct share that can be directed into the trust by your Will.

Step 1

While you are both alive

You both sign Wills including a Property Protection Trust and, if needed, change your ownership to tenants in common so each of you owns an identifiable share of the property.

Step 2

On the first death

The deceased’s share passes into the trust. The survivor has a right to live in the property (often for life or until they move), while trustees look after the trust for the eventual beneficiaries.

Step 3

When the trust ends

When the survivor dies, permanently leaves the property or another trigger happens, the trust ends and the value of that share goes to the beneficiaries named in the Will, for example the children.

Concern	Without this trust	With a Property Protection Trust
Survivor remarries / new Will	Your share can end up with a new spouse or their family instead of your children.	Your share is held in trust for your chosen beneficiaries, even if the survivor remarries or changes their own Will.
Care‑home fees	The whole property may be treated as the survivor’s asset for means testing.	Only the survivor’s own share is normally assessed; the share in trust is generally kept for your beneficiaries.
Family disagreements	Children may worry that the survivor will change plans or be pressured to give away the home.	Trustees must follow the trust terms, which can give clearer expectations and reduce disputes.
Downsizing or moving	Sales and purchases can be harder to manage if ownership is not clearly structured.	Trustees can usually sell and help buy another property for the survivor, keeping the protection in place.

Not sure if a Property Protection Trust is right for you? In a free, no‑obligation review we will look at your family, your home and any remarriage or care‑fee worries, then confirm whether this option fits – or whether a different Will trust would be better.

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This is a general overview, not personal legal, tax or financial advice. Always take tailored advice before putting a trust in place.

Property Protection Trusts

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