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Protecting your share of the family home

If you are concerned about where your assets may end up after you die, you can safeguard them by having a will professionally drafted.

You can go even further with a property protection trust, which is a special will designed to protect your interest in the family home. It also protects your spouse or partner by entitling them to carry on living in the property, giving them security and peace of mind.

Protective property trusts can only be set up if your home is owned by both of you. It must be set up while you are both still alive and in sound mental health.

How the trust works

With a trust, you both own a half share of the property. When one of you dies, that half share passes to the trust. This guarantees that at least 50% of the property value will pass to your children, or whoever else you have chosen. It cannot be given to anyone else, or used by anyone else.

The trust can also be used to protect your share in the property if your spouse remarries.

Our guarantee to you

Atherton Godfrey is fully regulated by the Law Society. We can guarantee that your protective property trust will be prepared by a fully qualified and highly experienced solicitor.
For further peace of mind, we will give you a fixed price quote that you are free to compare and discuss with your family before deciding whether to go ahead with the trust.


You are not allowed to set up a trust simply to avoid paying care home fees. If you do, the local authority can recover the fees from those looking after the trust.

Please also beware of unregulated companies selling protective property trusts – their prices are vastly inflated and the trust may even be illegal.

Want to know more?

If you would like to know more about setting up a protective property trust, or would just like a chat about your options, contact our friendly team today.

Get in touch today