How can I protect my assets?


The later years of our lives can be expensive and add to this the cost of dying, researched and reported yearly by Sunlife, (2015 9th annual report) currently shows the average cost was £8,427. Then there’s probate to consider and the proposed increases in the certificate charges! It all seems very unfair frankly.

Will Trusts

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A Will Trust only becomes effective when you pass away. A Trust is created on death, often to protect your proportion of a property or savings from being lost through sideways disinheritance or divorce. They are also very useful if you have a beneficiary that is vulnerable or unable to manage money. You can appoint a trustee to manage money on their behalf.

Family Protection Trusts

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Family Protection Trusts are designed to protect assets during your lifetime as well as after death, like the will trust they ring fence assets from a multitude of threats and can be used to mitigate IHT, protect from claims against your estate, protect from business debts, negate probate and more. Property and savings are commonly protected by Family Protection Trusts.

Inheritance Tax Planning

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By planning ahead you have the opportunity to maximise inheritance tax reliefs and exemptions if your estate might be worth more than the current inheritance tax threshold (£325,000 per individual). If IHT is a worry, we can help your family with IHT planning so that your loved ones will benefit from your hard work when you have passed away.

Funeral Planning

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The Sunlife report on the cost of dying shows an average of £8,126 a slight drop over the previous year. However, while the overall cost may have fallen, the average cost of a basic funeral has risen for the 11th year in a row and now stands at £3,693. This is an increase of more than 90% since 2004. By planning and paying for your funeral now you can protect against the rising costs and remove the burden for you loved ones.

Gifting your home away

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Giving your home away might seem like a quick and easy solution to reduce your IHT liability or protect from care home fees. However, most of the time it offers no protection and has many dangers. You lose all control over your property and are vulnerable to anything that takes place in the life of the new owner. The local authority may take the view that you have deliberately deprived yourself of assets to avoid paying care fees. They can peruse the new owner for payment.

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The Will Preparation Process

A consultation ensuring the right type of trust(s) is/are chosen. There are straight forward will trusts or more involved stand alone asset trusts.

Once the appropriate trust(s) has/have been selected a questionnaire is completed to collect the content and your instructions for your will or for the asset trust.

The preparation of your will(s) and or trusts which can be prepared in 2 or 3 weeks a little longer depending on complexity.
The delivery and guidance with the signing of your Will(s) and/or trust documents.
You may choose to keep your Wills and/or Trust Deeds at home or in a safe place heeding the message from the Ministry of Justice (gov.uk) warning you NOT to store your will at a bank in your safety deposit box. The box CANNOT be opened until probate is granted and probate can’t be granted without the original will.
We provide legal storage where you have access via an ID card with security code which maintains your will as a live document allowing you to amend/change it over time at no additional cost. Trust Deeds can also be held on your behalf but are not live documents. The annual fee for legal storage is £49

Our philosophy

We create robust legal documents for our clients including wills, lasting powers of attorney, asset trusts and more, working at your convenience to make it easy in this busy world!

Common questions

Do trusts protect against care fees?

You must not set up a trust to primarily avoid care fees as this could be viewed as depravation of assets. However, a will trust can protect half of your property and the contents of an asset trust would belong to the trust and not you, so yes, but talk to your consultant for clarity.

How long does a trust last?

A trust can last for 125 years, so the elements placed within your trust can continue to benefit your family and your families family long after you are gone.

Who controls the trust?

You would be named as the ‘Principle Beneficiary’ of the Asset Trust and would retain full control of the assets within the Trust while you are alive and have mental capacity. Then your trustees, who you select. read more

PROTECTING YOUR ESTATE WITH TRUSTSmade TROUBLE FREE with one call and a convenient appointment