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.
- Structured reviewYour answers are checked automatically for completeness and consistency before your will is produced.
- 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
Frequently asked questions
What is a property protection trust will?
It is a will that puts your share of the family home into a trust, giving your partner the right to live there for life, then passing your share to your chosen beneficiaries — often children from a previous relationship.
Does a property protection trust avoid care fees?
Not reliably. If the main purpose is to avoid care costs, the local authority can treat it as deliberate deprivation of assets and still take the value into account. Take regulated advice before relying on it for this.
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