Property Protection Trust Will Solicitors

A property protection trust will ringfences your share of a property so it passes to your chosen beneficiaries rather than being lost to care fees, a new relationship, or family disputes. A named person can continue living in the property during their lifetime while your share stays protected. Our solicitors draft property protection trust wills for individuals and families across the UK.

Book a consultation

Business professionals in an office setting sealing a real estate deal through a handshake.

Why a Standard Will Leaves Your Property at Risk

Without a property protection trust will in place, your property passes outright to whoever inherits it. Once it passes outright, you lose all control over what happens to it next. If the beneficiary remarries, goes into care, has debts, or changes their own will, your property could end up somewhere you never intended. A property protection trust will separates the right to benefit from the property during a person’s lifetime from the right to ultimately own it, giving you a level of control that a standard will simply cannot provide.

How Our Property Protection Trust Will Solicitors Help

Drafting a property protection trust will involves several distinct steps. Our solicitors guide you through each one.

Severing the Joint Tenancy

For a property protection trust to work, each owner needs a defined share of the property. If you own as joint tenants, the right of survivorship means the whole property passes automatically to the survivor, bypassing your will entirely. We handle the severance and register the change with HM Land Registry.

Drafting the Trust Clause

The trust is written into your will as a specific clause that takes effect on your death. A poorly worded clause can create uncertainty for trustees and complications when the property is eventually sold. We make sure it is precise, legally sound, and reflects your exact intentions.

Appointing Trustees and Setting the Terms

We work with you to choose the right trustees and set out their powers clearly. The terms need to cover practical situations, what happens if the life tenant wants to sell and move, how maintenance costs are handled, and under what circumstances the life interest ends.

Care Home Fee Considerations

A property protection trust treats your share of the property separately from your estate for means-testing purposes. Because the asset is not passed outright, it is treated differently when care costs are assessed. The rules are complex and timing is critical, we explain how they apply to your situation.

What This Means for You

Your share of the property is protected and passes to your chosen beneficiaries
A named person can continue to live in or benefit from the property during their lifetime
Your property cannot be redirected due to remarriage, care fees, or changed circumstances
Your share is treated separately from the beneficiary’s own assets for certain purposes
Your wishes are legally documented in a structure that holds even if circumstances change

When to seek advice

You own property and want to control what happens to your share after death
You own property jointly and are concerned about what happens if the survivor remarries or goes into care
You have children from a previous relationship and want to protect their inheritance
You want to provide for someone during their lifetime without giving them outright ownership
Your existing will leaves property outright with no trust provisions

Meet the Founder

Marium brings 22 years of experience advising businesses and individuals on corporate, commercial and ILA law matters across the UK and the Middle East.

A qualified Solicitor individually authorised and regulated by the Solicitors Regulation Authority (SRA ID: 277854), Marium is also a registered Part II Practitioner and mediator in the DIFC Courts, and an established member of the Chartered Institute of Arbitrators.

Her experience spans complex legal matters for high-profile clients throughout her career, she has been awarded the fastest growing women-led business in the UK recognised by Fortune 500 and former Prime Minister David Cameron.

Marium Razzaq
Solicitor & Director Mar Legal
MCIArb

Why People Choose MAR Legal for Property Protection Trust Wills

Solicitor Led Drafting

Solicitors who work at MAR Legal handle every property protection trust will, ensuring the structure is legally sound.

Fast Turnaround

From severing the joint tenancy to signing the final will, we handle every step and keep you informed throughout.

Fixed Fee Pricing

Transparent costs agreed upfront covering the will drafting and any tenancy severance where needed.

Clear Explanation

We explain how the trust works in plain terms before any documents are drafted so you can make a fully informed decision.

Trusted by people across the UK for clear, accessible advice on Property Protection Trust Wills

Book a consultation

How Our Property Protection Trust Will Process Works

Initial consultation

We discuss your property ownership, your family circumstances, and what you want the trust to achieve.

Ownership Review

Where you own jointly as joint tenants, we handle the change to tenants in common and register it with HM Land Registry. For sole owners, this step is not needed.

Will Drafting

Our solicitors draft your will to include the property protection trust clause, appointing trustees and setting out the terms of the life interest clearly.

Signing and Execution

We guide you through the formal signing process to make sure the will is legally valid and properly executed.

What Our Clients Say

    
 
 
         
   George Alexo 
 
 
 
 Trustindex verifies that the original source of the review is Google. I can’t recommend Mar Legal highly enough. From the first consultation they were clear, knowledgeable, and straightforward with their advice — no jargon, no runaround. They were responsive whenever I had questions and clearly had my best interests at heart throughout. If you’re looking for legal support you can actually trust, this is the team.
  
 
        
   Mark West 
 
 
 
 Trustindex verifies that the original source of the review is Google. Perfect experience! We required our IDs verified for a house purchase in another town. The team were very friendly, helpful and quick to sort everything out for us. I highly reccomend!
  
 
        
   Yoana Mitova 
 
 
 
 Trustindex verifies that the original source of the review is Google. Fast and easy way to verify your ID online. Great customer service.
  
 
        
   Conor Morrison 
 
 
 
 Trustindex verifies that the original source of the review is Google. I instructed MAR legal to assist with company formation and trademark applications for my business. The whole process was straightforward and handled professionally from start to finish. They were responsive, knowledgeable and made sure everything was completed properly. I would definitely use MAR legal again for future business matters.
  
 
        
   Anah Akbar 
 
 
 
 Trustindex verifies that the original source of the review is Google. I used MAR legal to prepare my UK will and found the service very professional and easy to deal with. Everything was explained clearly and the process was handled efficiently from start to finish. It gave me real peace of mind knowing everything had been done properly. I would happily recommend MAR legal to anyone looking to put a will in place.
  
 
        
   Safiy U 
 
 
 
 Trustindex verifies that the original source of the review is Google. We have used MAR legal for a range of corporate and commercial matters and have always found them reliable, responsive and easy to work with. Their advice is practical and commercially focused, which is exactly what you want as a business owner. They have supported us with contracts, business agreements and general commercial advice, and everything has been handled professionally and efficiently. Communication has always been clear and turnaround times have been very good. It is refreshing to work with a firm that takes the time to understand the commercial side of a business rather than just giving generic legal advice. We would happily recommend MAR legal to other businesses looking for ongoing legal support.
  
 
        
   Sarah Ibrar 
 
 
 
 Trustindex verifies that the original source of the review is Google. Tanawish was super helpful and very responsive
  
 
        
   Pooja Cheema 
 
 
 
 Trustindex verifies that the original source of the review is Google. I needed independent legal advice on a bridging loan for a refinance and MAR legal handled it well. They were quick to respond, easy to deal with and turned everything around within 24 hours. The fees were reasonable and there were no delays. I would be happy to use them again.
  
 
        
   Ibby Tv 
 
 
 
 Trustindex verifies that the original source of the review is Google. I used MAR Legal for independent legal advice on a mortgage and was very pleased with the service. I was able to get a same day appointment, which was really helpful, and everything was turned around within 24 hours. They talked me through everything in a way that actually made sense and were easy to deal with throughout. I would use MAR legal again without hesitation.
  
 
        
   Sajaad Nawaz 
 
 
 
 Trustindex verifies that the original source of the review is Google. MAR legal assisted with drafting an employment contract for my business and the service was very good. They took the time to understand our requirements and produced a clear and well structured contract that suited our needs. The advice was practical and the process was handled efficiently. I would be happy to use MAR legal again for future legal support.
  
 
  
  
 
 
      Verified by Trustindex  Trustindex verified badge is the Universal Symbol of Trust. Only the greatest companies can get the verified badge who has a review score above 4.5, based on customer reviews over the past 12 months. Read more

You May Also Need

A property protection trust will is often put in place alongside other estate planning documents. You may also want to consider mirror wills if you and your partner want matching provisions, lasting powers of attorney to protect your property interests if you lose capacity, and broader estate planning advice to make sure all your documents work together.

Common Questions About Property Protection Trust Wills

A property protection trust will is a will that places your share of a property into a trust on your death rather than leaving it outright to a beneficiary. The trust grants a named person, often called the life tenant, the right to live in or benefit from the property during their lifetime. When the life tenant dies or a specified condition is met, the trust ends, and the property passes to the ultimate beneficiaries you have named. It is also known as a protective property trust will or a property trust will.

Yes. You do not need to co-own a property for a property protection trust will to work. If you own a property in your sole name, your will can include a trust that grants a named person a life interest or right of occupation while protecting the capital for your chosen beneficiaries. There is no joint tenancy to sever in this situation. The trust is written directly into the will and takes effect on your death.

In most cases yes. If you own a property as joint tenants, the right of survivorship means the whole property passes automatically to the surviving owner when the first person dies, regardless of what the will says. For a property protection trust to work for jointly owned property, each person needs to own a distinct share, which requires changing to tenants in common. This is a straightforward process our solicitors handle as part of the overall will drafting.

A property protection trust can help protect the deceased’s share of the property from being assessed as part of a beneficiary’s assets if they go into care. Because the share is held in trust rather than passing outright, it is treated differently for means-testing purposes. However, the rules are complex, depend on individual circumstances, and timing is critical. Planning should be put in place for genuine estate planning reasons well in advance of any care need. We explain the position clearly and work alongside financial advisers where needed.

The life tenant can sell the property but cannot do so without the involvement of the trustees, and the proceeds from the protected share remain in the trust. If the life tenant wants to downsize, the trust money can be reinvested in a new property with the life tenant retaining their interest. The trust document needs to include a power to sell and reinvest to allow this flexibility, which our solicitors build into the drafting as standard.

A property protection trust is a specific type of life interest trust where the trust asset is a share of the family home. A life interest trust is a broader structure that can hold any assets, not just property. The mechanics are the same: a life tenant benefits from the asset during their lifetime and the capital passes to named beneficiaries when the trust ends. The terms are sometimes used interchangeably but a property protection trust specifically refers to property.

MAR Legal offers fixed-fee pricing for property protection trust wills so you know the cost from the outset. The fee covers the will drafting and any tenancy severance where needed. The cost depends on the complexity of your circumstances, including whether you are a sole or joint owner, the terms of the life interest, and the number of trustees and beneficiaries involved. We discuss pricing at the initial consultation before any work begins.

MAR Legal provides property protection trust will drafting and tenancy severance advice. We do not undertake probate, reserved legal activities, or regulated financial advice. Care home fee planning involves complex rules and individual circumstances vary significantly. Where matters require specialist financial or tax advice, we work alongside appropriately qualified professionals. All content on this page is for general information only and does not constitute legal advice.

Property Protection Trust Wills: Protect Your Share of the Family Home

Why a Standard Will Leaves Your Property at Risk