Protective Trust

Protective Trust

Postby greecemad on Tue Mar 08, 2011 9:41 am

I am undecided between a protective trust will and a 2 year Discetionary Trust Will. The estate would amount to £500,000 including the house at £350,000. I would want to protect the house from the local authority but it seems that both types of will can do that.
I would welcome your advice.
Thank you in anticipation.

Derek.
greecemad
 
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Joined: Fri Mar 04, 2011 5:21 pm

Re: Protective Trust

Postby Lee Young on Tue Mar 08, 2011 10:37 am

On death who do you want to inherit your estate?

Why limit it to a 2 year discretionary trust?

A protective trust is usually used to ensure that the life tenenat can not dispose of his or her interest in the trust - the protective mechanisms kick in on divorce or bankruptcy.

What you probably need is a straightforward life interest trust for your spouse.
Lee Young
Solicitor, Chartered Tax Adviser and Trust and Estate Practitioner


Partner, Frettens LLP
leeyoung@frettens.co.uk
01202 491701
Lee Young
 
Posts: 2740
Joined: Wed Aug 06, 2008 3:26 pm

Re: Protective Trust

Postby greecemad on Tue Mar 08, 2011 10:46 am

Lee Young wrote:On death who do you want to inherit your estate?

Why limit it to a 2 year discretionary trust?

A protective trust is usually used to ensure that the life tenenat can not dispose of his or her interest in the trust - the protective mechanisms kick in on divorce or bankruptcy.

What you probably need is a straightforward life interest trust for your spouse.


Lee,
We would be leaving our estate to each other and then to the children and grandchildren.
What is the difference between a life interest trust and protective property trust?

Thanks, Derek.
greecemad
 
Posts: 3
Joined: Fri Mar 04, 2011 5:21 pm

Re: Protective Trust

Postby Lee Young on Tue Mar 08, 2011 12:57 pm

A protective trust is a particular type of trust recognised by legislation.

A "protective property" trust is probably just a marketing name for a life interest trust designed to protect against care fees.
Lee Young
Solicitor, Chartered Tax Adviser and Trust and Estate Practitioner


Partner, Frettens LLP
leeyoung@frettens.co.uk
01202 491701
Lee Young
 
Posts: 2740
Joined: Wed Aug 06, 2008 3:26 pm


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