What is a property protection trust will?
It's a will that places your share of the family home into a trust on death, giving your partner the right to live there for life (a life interest), after which your share passes to your chosen beneficiaries — often children from a previous relationship. It's used to protect children's inheritance in second marriages. Note: using it mainly to avoid care fees can be challenged as “deliberate deprivation”.
Detailed explanation
It balances two goals: providing for a surviving partner and protecting where the asset ultimately goes.
- Your half of the home goes into trust, not outright to your partner.
- Your partner has a life interest — the right to live there (and sometimes to move).
- On their death, your share passes to your named beneficiaries.
- The home must usually be held as tenants in common for this to work.
Care-fee caution: if the main motive is to shield assets from care costs, a council can treat it as deliberate deprivation, so take regulated advice.
In a second marriage, Brian leaves his half of the home in a property protection trust: his wife can live there for the rest of her life, and on her death Brian's half passes to his children from his first marriage — so they aren't unintentionally disinherited.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Human reviewYour answers are checked by the ClearLegacy editorial team for completeness.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- GOV.UK — Trusts and taxes
- GOV.UK — Types of trust
- Trustee Act 2000 — legislation.gov.uk
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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