FAQ Articles

How do Protective Property Trust Wills work?

Protective Property Trust Wills must be written when both partners are still alive and in good mental health. It does not have to be difficult to make a will, although it is an important document and you should give it careful thought. Start by completing our Will Request Form and completing the questionnaire. We will then ring you. We may advise a meeting or sometimes it is possible to take instructions over the phone. In either case we will agree a price with you.

Protective Property Trust Wills work as follows:

Couples normally own their house as joint tenants, which means that on the first death the survivor automatically becomes the owner of the whole house.

How Purely Probate can help you

Telephone 01458 850146 or email
We will take instructions in person or by phone.
We check the title to your property; prepare your Will and the documents to sever the joint tenancy.
Our fee of £350 covers the Will (unless very complex), land registry search fees, severing the joint tenancy and registration with the land registry.
A protective property trust Will that could save you tens of thousands of pounds and protect half the value of your property.

Tenants in Common

A trust could help protect at least 50% of the value of the property against being left to a new partner or used to pay for care home fees. If the couple had severed their Joint Tenancy to become ‘Tenants in Common’, they would each have owned a fixed 50% share of the property. Then if their wills contain a Protective Property Trust, when the first spouse dies 50% of the property would have been held on trust for the couple’s children.

The survivor is entitled to stay in the property for life, and can even move house. The survivor then  only has 50% share of the property of their own, available to leave to a new partner or pay for care home fees, because the share of the first partner to die would be held on trust for the children.