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Happy family having set up a property trust

Trusts.

What is a Trust?

Protect your property and other assets throughout your lifetime and beyond.

A Trust is a legal arrangement which is normally created by a Trust Deed or through a Will. In creating a Trust you choose people or professionals to become trustees to protect your assets for the use and benefit of others, known as beneficiaries.

 

By placing your property and other assets in a Trust you protect them from an uncertain future and certain external threats.​

Typical Property Trusts.

Young couple having planned for their child's future

Protective Property Trust

Traditionally property is owned as Joint Tenants. In this case when one partner dies the whole property bypasses their estate and passes to the surviving co-owner. The whole property then becomes part of the survivor’s estate when they pass away. However, if the joint property ownership is changed to Tenants in Common, when one owner passes away their share passes into their estate and is distributed under the terms of their Will. The Will can then instruct that this share is passed into a Protective Property Trust where it is ringfenced and protected. This ensures: 
 

  • A Life Interest in the share of the property is given to the surviving owner
     

  • Ultimate beneficiaries, for example children, are guaranteed to receive their share in the future
     

  • The share of the property held in trust is protected from third party claims

Asset Protection Trust

This Trust is created during your lifetime. Your property and assets are immediately transferred into the Trust to be held by the Trustees. However, you can retain the right to enjoy the property, held in Trust, for the rest of your lifetime. 

 

Then, when you pass away, the property and all assets in the Trust are passed on to your beneficiaries via discretionary powers given to the trustees. 

 

This allows you to set out your wishes for beneficiaries to receive their bequests, for example by attaining a certain age, using the assets for certain things or being clear of debt.

 

The Asset Protection Trust gives maximum protection and flexibility for the future of your property and assets.

Family protected by an asset protection trust

Specialised Property Trusts.

Among the other incredibly useful Trusts available to protect properties include:

  • FLEXIBLE LIFETIME INTEREST FUND (FLIT)
    Similar to the Protective Property Trust this allows the surviving life tenant access to the capital available in the Trust. This is very useful for married couples who will have Inheritance Tax liability but wish to avoid giving away assets prior to first death.
  • RESIDUARY DISCRETIONARY TRUST
    Where people have concerns regarding their chosen beneficiaries circumstances a Residuary Discretionary Trust allows more specific control of their estate. For example, inheritances can be held back if the beneficiary has drug or alcohol problems, an unstable relationship, or financial issues, protecting them from potential loss of their inheritance.
  • DISABLED PERSONS DISCRETIONARY TRUST
    This Trust protects the ongoing receipt of means tested benefits for the beneficiary. Also, the Trustees will look after the interests of a beneficiary incapable of managing their own affairs. Although there can be other beneficiaries in this Trust all payments must be made to the disabled person, except for small, allowable amounts.
  • NIL RATE BAND IOU DISCRETIONARY TRUST
    Ideal for unmarried couples, this Trust is essentially used to reduce Inheritance Tax liability. The surviving partner is effectively able to borrow from within the Trust interest free.
  • RIGHT TO OCCUPY TRUST
    This trust is primarily used where someone is living in the property and is allowed a set period of time to remain on the passing of the owner/s. The most usual use of this Trust is for adult children who are still in the family home, allowing them time to make new arrangements.
  • BUSINESS PROPERTY RELIEF TRUST
    Specifically designed to receive shares or qualifying assets of a business this Trust allows the beneficiary to sell these assets while essentially preserving the Business Property Relief.
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