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WHAT IS AN ASSET PROTECTION TRUST ?

A trust is a legal document which should always be drafted by a qualified solicitor and which is set up to protect your assets and shelter your them from potential inheritance tax liability and the local authorities. We have helped individuals and couples in North Tyneside and Northumberland , with our holistic advice on managing their affairs for old age. We look at the whole picture and explain your options both for lifetime planning and wills on death.

Reasons to set up an asset protection trust

There are many benefits from setting up a Family Asset trust which can also help illustrate that the trust was not set up for deliberate deprivation purposes:

Inheritance tax mitigation+

Because your assets are held within a trust, they do not form part of your estate when you die so are not included in any inheritance tax calculations.

Avoid claims on your estate+

With an asset protection trust you are able to exclude someone from your estate, such as a relative or an estranged child and they are unable to make a claim on a trust, unlike a will. This also avoids any court costs and lengthy court proceedings.

Sideways disinheritance +

Disinheritance can be a big problem for some families but with an asset protection trust you can effectively ‘ring fence’ your assets and ensure that only your nominated beneficiaries will receive their inheritance. This avoids any in-law children from benefiting should any of your children marry and then divorce.

Avoid expensive probate fees & delays+

By having your estate protected and held within a trust, you can avoid any lengthy delays due to probate. This will also help avoid potential costly legal fees and your chosen beneficiaries can be paid out quite quickly.

In May 2017 the Government are effectively introducing a new death tax as probate court fees will rise in bands to up to £20,000.

Protect your assets from bankruptcy+

An Asset Protection Trust can also help if you are self employed or run your own business. By holding your personal assets within a trust, you can protect them should you suffer financial difficulties or become bankrupt.

Financially protect yourself from divorce+

Divorce can be a very costly experience but by placing your assets into an asset protection trust prior to cohabiting with a new partner you can protect them and ensure they are safe should the relationship fail. This is also ideal for a widow should they wish to ensure the protection of their estate for their children.

Avoid Selling your home to pay for care home fees+

Should you need to go into a care home later on in your life then the local authority may demand that your house and other assets are used to help pay for the care.

This would involve the liquidation of your savings by the local authority and them taking charge of your home which could result in there being nothing left for your family when you are gone.

When you place your assets in a trust you are no longer (technically) the owner of the assets but rather the owner of the trust which means that the asset does not form part of the assessment for care home fees. Timing is the key and

“An asset protection trust must be set up whilst you are in good health and financially solvent to help avoid any potential challenge by the local authority.”

The local authority may challenge the trust and claim that you have put your assets into the protection trust as an act of deliberate deprivation if they feel you have set up the trust to purposely avoid care home fees.

However, if the trust is set up whilst you are in good health and you have no reason to expect you would need to go into a care home, this isn’t age dependent .

Please contact me and arrange a free, no obligation meeting .

AREAS covered:Wallsend, Newcastle,Forest Hall,Whitley Bay, North Shields,Tynemouth,Cramlington and Blyth.

Find out more about our Family Trusts services

News and media

  • News
    • Posted on May 22, 2017
      The phrase Dementia Tax is the one being applied to the Conservative Party’s proposals for the funding of Social Care, if as seems likely they are re- elected on June 8th.

      The current position is that a person going into residential care must leave their home to obtain the care they need and the care is very expensive. This justified the forced sale of the main residence. Thousands of people every month are forced to sell their homes to pay for residential care under the current scheme.
      Read more...
    • Posted on May 22, 2017
      The phrase Dementia Tax is the one being applied to the Conservative Party’s proposals for the funding of Social Care, if as seems likely they are re- elected on June 8th.

      The current position is that a person going into residential care must leave their home to obtain the care they need and the care is very expensive. This justified the forced sale of the main residence. Thousands of people every month are forced to sell their homes to pay for residential care under the current scheme.
      Read more...
    • Posted on April 11, 2017
      At the moment you can leave as an individual £325,000 free of inheritance tax – 650,000 as a married couple. From 6 April 2007 new allowance is being introduced which is often referred to as the main residence allowance. Initially the allowance will be limited to the first £100,000 of equity in your home, but will increase by 25,000 a year and by 2020 it will be worth £175,000 – or £250,000 as a couple.
      Read more...

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