Family Protection Trusts

The all in one Way to protect
Your assets and loved ones.


These are trusts written in your lifetime. Assets up to the Nil Rate Band ( currently £325,000, 2016 I 17 ) are transferred into the trust (by “the Settlor”). A couple can both do this, so using up to £650,000 of assets. The trusts allow the assets in them to be returned to the Settlors at a later date. Your Will is the first key step to planning successfully for later life. It tells everyone how you would like your wishes carried out. The Family Protection Trust works alongside your Will, to ensure that what you want to happen, actually does. It provides complete legal protection for your home and assets. The result? You leave more of your estate to your loved ones, saving money, time and stress.

 

Family Protection Trusts Keily Legal

Fanily protection trust Family Protection Trusts Keily LegalOne advantage of this route is that assets within the trust will have a reduction in probate costs and quicker access to the assets in the trust on death (as the assets in trust do not need to go through probate), protection for family members (only specified beneficiaries can inherit – so “in-laws” can be excluded), unreliable children are protected from themselves (as the trustees have control of the assets), if the Settlor loses mental capacity the trustees can look after his assets (but Lasting Powers of Attorney should also be considered), the Settlor’s partner’s future partners are excluded and assets in the trust eventually passing to children will not increase their Inheritance Tax liability. Other advantages are the assets in Trust could be protected if both of the couple end up in long-term care. (if done early enough and is not the sole reason for doing the trust, and is part of your bigger Estate Planning process)

A possible disadvantage is a perceived loss of control of the assets going into the trust. However the FPTs are set up so that the Settlor retains a large degree of control.

Why create a Family protection trust?


Your estate is reduced so a Grant of Probate isn’t needed after your death. Instead, the remaining trustees simply distribute your estate according to a Letter of Wishes left with your will. You can change the Letter at any point in your lifetime without having to draw up a new will.

No one can contest your will after your death because the value of your estate is held in a trust. This is useful if you have difficult family circumstances.

Assets held in the trust MAY be disregarded during a Local Authority means-testing process to assess your ability to pay for care, as long as you had no foreseeable care needs when you created the trust.

It might help to think of a Trust as a safety deposit box for you to keep your assets in.

The inheritance due to any unreliable beneficiaries can be protected by the Trust and be passed to them at a more appropriate time.

If you originally planned to leave everything to your surviving spouse or partner, but have children from a previous relationship or marriage that you would like to ultimately benefit, then the Trust can be used to protect their intended inheritance.