PROTECTIVE WILL PROPERTY TRUSTS

Enabling you to pass your share of a property to those that you choose.

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Home is where the heart is

When a property is jointly owned, a property trust may be created.  One of our legal experts can visit you in the comfort of your own home to recommend tailored services that will provide you, your family and your assets with the right protection.

What is a Protective Will Property Trust?

  • It is an enhanced Will that offers some protection for the estate by ensuring that it is protected from third-party intervention on the first death.  
  • It is designed to allow tenants in common to be more flexible with their share of the property so that they can pass it on to someone other than the joint owner.
  • This type of protection trust covers every eventuality. For example, if the current joint owner remarries and wants to donate their share to another person, your share will be fully protected for your chosen beneficiaries. 

What does This mean for the surviving partner?

  • The surviving owner has the right to live in the property for the rest of their life.  They cannot be evicted by the trustees (your chosen people who manage the Trust).
  • The surviving owner can sell the house if they wish to and buy another, but any profit will be split equally between them and the trustees.
  • The surviving owner usually controls the Trust with at least one other person, typically another family member.

Note: A Protective Will Property Trust is only effective if the tenancy of the property is severed – please see our section about Severance of Tenancy.

Talk to one of our consultants today and discuss which option best suits you.

Protecting your assets

Without proper estate planning, your estate can go beyond your recipient choice. We can help you protect your assets for the good of everyone you care for by helping you arrange a Severance of Tenancy.

What is a Severance of Tenancy?

  • Usually, when people buy a property together, they buy as joint tenants, which means they both own the property as a whole. When a Tenancy Severance happens, they instead become Common Tenants.
  • Becoming Tenants in Common means each of you owns a percentage of the property–usually 50 percent each, but you can divide the portions into unequal shares if, for example, you have placed a disproportionate amount of funds into the property’s purchase.
  • Generally the application is made by both parties, but this is not mandatory and can be done by one party alone as long as the joint owner is informed. This is helpful when discussing divorce proceedings and it is necessary to avoid immediately passing your share of the estate to your partner if you are to die before the financial situation is resolved.

The benefits of a Severance of Tenancy:

  • Only if the tenancy is severed will a Protective Will Property Trust be successful.
  • If joint partners have contributed disproportionate funds to the procurement of a property and the tenancy is divided into specified parts, the sale proceeds must transfer to the right beneficiary under the terms of the Will of the owner.
  • If a Severance has not occurred and one of you dies, the estate is automatically transferred to the other owner – the severing of the tenancy prevents the automatic transfer to the joint owner and your interest can be secured for someone other than your partner.
  • When there is a Severance and a Protective Will Property Trust in place-if you die and your joint owner changes their mind about their beneficiary selection, this will not affect your decision to protect your beneficiaries.
  • No one wants to think about their spouse re-marrying after they have passed but should this happen any existing Will they had would become void. The new partner would inherit whatever your spouse owned if they had preceded them, meaning that your estate could pass on to the new partner of your spouse and not your children. Severing a tenancy is the beginning of securing your share of your property for your loved ones.

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Frequently Asked Questions

To preserve assets for the survivor and other beneficiaries. It’s designed for clients who would like to ensure their spouse or partner is secure during their lifetime, and also have the assurance that their share of the property is held in trust for the children.

The property asset is held in trust.  50% each of the value is protected, which goes into trust on first death.

The trustees are in charge of the trust. Generally the trustees will be the surviving partner and at least one other individual, even though the right of occupation of the survivor is secured.

No. The trust gives a right of occupation to the surviving spouse. The surviving spouse also has the right of occupation due to the other half of the house they own.

This is not an issue. It is possible to sell the family home and buy an alternative house. If the purchased property costs less than the original property, any profit between the surviving spouse and the trustees would have to be shared equally.

It is a relatively straightforward task to sever a joint tenancy. A Notice of Severance is to be delivered to the co-owner, signed and dated by the entity who wants to sever. Simply send the Severance Notice to the other party in the post and ask them to sign and date the notice themselves and return it.

Only if they are confident that the Severance Notice has indeed been served on the other side will the Land Registry decide to enforce a restriction against the title to the property. The best way to prove this is by issuing the other party’s signed and dated Notice of Severance.

There is no correct answer, your solicitors may advise you of the pros and cons of severing a joint tenancy, but it is ultimately your decision and down to your particular circumstances whether or not you decide to sever the joint tenancy. 

It is not expensive to sever a joint tenancy. There is no excuse, particularly if the other person is accommodating by signing and dating the Severance Notice. Fees can be stand alone or incorporated into the overall price of PWPT.

What our clients Say about us

Jack has been an amazing adviser, ever so polite and professional. There were so many companies to choose from but I went with My Estate Planning as they did everything the way I wanted. From the initial conversation to executing my will writing. They're professional but show genuine care, they make you feel more like a friend than just a client. I can't thank you enough.
Camile Johnson
Camile Johnson
My Estate Planning Services have been exceptional in assisting me with my funeral planning. I didn't know how many different options there were but the staff have been helpful and patient with all my queries. A huge weight has been lifted off my shoulders knowing my loved ones don't have to be burdened with costs and worry. My expectations have been exceeded.
Geoff Tam
Geoff Tam
I just wanted to say thank you! You are second to none in your service. Absolutely 100% professional yet still maintaining a thoughtful, personal touch. Denise made it extremely easy to write our wills. She is highly skilled, competent, and friendly.


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Tilly Robinson

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