What could a protective property trust keep for your children?

For couples who own their home. See what your children could keep if the surviving partner later needs care, with and without a protective property trust in your wills.

Usually 50% for a couple with equal shares

A protective property trust could keep up to

Based on the care funding rules for England (2026/27) as they stood on 14 November 2026. An illustration, not advice.

Ask a specialist about your options

How a protective property trust works

Many couples own their home jointly and leave everything to each other. It's simple, but when the first partner dies the survivor owns the whole home. If they later need care, or remarry, all of it is exposed.

With a protective property trust, each partner leaves their share of the home in trust in their will. When the first dies, their share goes into the trust. The survivor can usually stay in the home, but that share isn't theirs to lose, so it's protected for the children.

It doesn't protect the survivor's own share or savings, and it only helps if it's set up properly while you're both well. Protective property trusts explained.

Is it right for you? It depends on your home, your family and your plans. Request a call back.

Frequently asked questions

What is a protective property trust?

A trust set up in a person's will so that, when they die, their share of the home goes into trust instead of passing outright to their partner. The partner can usually keep living there, and that share is protected for the children.

Does a protective property trust avoid care fees?

Not entirely. It doesn't protect the surviving partner's own share or savings. It can protect the first-to-die's share from being counted if the survivor later needs care, provided it's set up properly.

Do we need to change how we own our home?

Often, yes. Couples who own as joint tenants usually need to change to tenants in common, so each owns a share they can leave in their will.

Request a call back

Tell us a little about your situation and we'll call you, usually within one working day, to understand what you need. If it would help, we'll then put you in touch with a specialist, such as a solicitor who deals with care planning. We'll always tell you who they are before passing on your details. We don't give advice ourselves, and there's no obligation.

We only use your details to respond to you, and only share them with a specialist after telling you who they are. See our privacy notice.