Protective Property Trust Deed

will this stop the council putting a charge on my property or prevent the council forcing a sale to pay care fees: **Protective Property Trust Deed** **Parties:** - **Settlor**: [Your Full Name] - **Trustees**: - [Trustee * Full Name] - [Trustee * Full Name] **Date**: [Date] ***. Background** *.* The Settlor wishes to establish a Protective Property Trust to safeguard the property located at [Property Address] from being sold to cover care home fees and to ensure it passes to the intended beneficiaries. ***. Declaration of Trust** *.* The Settlor hereby declares that the property at [Property Address] shall be held by the Trustees upon trust for the following purposes and subject to the following terms. ***. Beneficiaries** *.* The primary beneficiary is [Spouse's Full Name], who shall have the right to reside in the property for their lifetime. *.* Upon the death of the primary beneficiary, the property shall pass to the following beneficiaries: **Remainder Beneficiaries**: [Child * Full Name], [Child * Full Name], and [Any Other Beneficiaries Full Names], who shall receive the property in equal shares upon the death of the primary beneficiary. *.* If any remainder beneficiary predeceases the primary beneficiary, their share shall pass to their descendants, or if none, to the surviving remainder beneficiaries in equal shares. ***. Trustees' Powers** *.* The Trustees shall have the power to manage and maintain the property, but they shall not have the power to sell or otherwise dispose of the property without the written consent of all remainder beneficiaries. ***. Restrictions** *.* The property must not be sold, transferred, or used to pay for the Settlor's or the primary beneficiary's care home fees. ***. Governing Law** *.* This trust deed shall be governed by and construed in accordance with the laws of England and Wales. ***. Continuity of the Trust** *.* The trust shall continue in force until the death of the primary beneficiary and the distribution of the property to the remainder beneficiaries. ***. Trustee Replacement** *.* In the event of a trustee's resignation, incapacity, or death, a new trustee shall be appointed by the remaining trustees or by the court, if necessary. ***. Indemnity for Trustees** *.* Trustees shall be indemnified out of the trust property against all liabilities and expenses incurred in the proper execution of their duties. ***. Beneficiary's Right to Occupy** *.* The primary beneficiary shall have an irrevocable right to occupy the property for their lifetime, and this right shall not be compromised for any reason, including care home fees. ***. Maintenance and Insurance** *.* The Trustees shall be responsible for paying all property-related expenses, including maintenance, insurance, and taxes, from the trust income or capital. ***. Prohibition on Encumbrances** *.* The property shall not be mortgaged or otherwise encumbered to cover any debts or liabilities of the Settlor or the primary beneficiary. ***. Prevention of Charges** *.* The property shall not be subject to any charge, lien, or other security interest to cover any debts, liabilities, or obligations of the Settlor or the primary beneficiary. *.* The Trustees must not allow any charges to be registered against the property. ***. Dispute Resolution** *.* Any disputes arising out of or in connection with this trust deed shall be resolved through mediation or, if necessary, by the courts of England and Wales. ***. Subsequent Beneficiaries** *.* If any remainder beneficiary predeceases the primary beneficiary, their share shall pass to their descendants, or if none, to the surviving remainder beneficiaries in equal shares. ***. Execution and Witnessing** *.* This trust deed must be signed by the Settlor and the Trustees in the presence of independent witnesses. *.* Each signature must be witnessed by an adult who is not a beneficiary or related to any party in the trust. ***. Communication with Beneficiaries** *.* The Trustees shall keep all beneficiaries informed about the trust's status, including any significant decisions or changes. *.* Annual statements shall be provided to all beneficiaries detailing the trust's financial activities. ***. Review of Trust Terms** *.* The Trustees shall review the terms of the trust periodically and may amend them if necessary, with the consent of all beneficiaries, to better achieve the trust's objectives. ***. Confidentiality** *.* All parties involved in the trust shall maintain the confidentiality of the trust's terms and any related documents. *.* Disclosure of the trust's details is only permitted with the written consent of all trustees and beneficiaries or as required by law. ***. Termination of the Trust** *.* The trust shall terminate upon the final distribution of the property to the remainder beneficiaries as outlined in this deed. *.* Upon termination, the Trustees shall provide a final accounting to the beneficiaries. ***. Severability** *.* If any provision of this trust deed is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. ***. Entire Agreement** *.* This trust deed constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, related to the subject matter herein. *.* Any amendments to this trust deed must be in writing and signed by all trustees and beneficiaries. ***. Notices** *.* Any notice required to be given under this trust deed shall be in writing and shall be delivered personally or sent by pre-paid first-class post or recorded delivery or by commercial courier, to the parties required to receive the notice at their respective addresses as specified in this deed or as otherwise notified in writing to each party. *.* A notice shall be deemed to have been received if delivered personally, when left at the address referred to above, or if sent by pre-paid first-class post or recorded delivery, at *.* am on the second business day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed. *.* The address for service of notices for each party shall be the address set out in this deed or such other address as may be notified by that party in writing to the other parties from time to time. ***. Execution** *.* This trust deed is executed as a deed and is delivered and takes effect on the date stated at the beginning of this deed. ***. Discretionary Provisions** *.* The Trustees shall have the discretion to make decisions in unforeseen circumstances to ensure the trust's objectives are met, provided such decisions are in the best interests of the beneficiaries. ***. Trustee Meetings** *.* The Trustees shall hold regular meetings, at least annually, to discuss and manage the trust's affairs. Minutes of these meetings shall be recorded and maintained. ***. Record-Keeping** *.* The Trustees shall maintain accurate records of all trust activities, including financial transactions, decisions made, and correspondence with beneficiaries. *.* These records shall be available for inspection by any beneficiary upon reasonable notice. ***. Trustee Remuneration** *.* Trustees may be reimbursed for any reasonable expenses incurred in the administration of the trust, but they shall not receive any remuneration for their services unless expressly authorized by all beneficiaries. ***. Conflict of Interest** *.* Trustees must disclose any potential conflict of interest and must not participate in decision-making where a conflict exists, unless all beneficiaries provide written consent. ***. Trustee Liability** *.* Trustees shall not be held personally liable for any loss or damage to the trust property, provided they have acted in good faith and in accordance with the terms of this trust deed. ***. Amendments** *.* Any amendments to this trust deed must be in writing and signed by all trustees and beneficiaries. ***. Governing Law and Jurisdiction** *.* This trust deed shall be governed by and construed in accordance with the laws of England and Wales. *.* The courts of England and Wales shall have exclusive jurisdiction in relation to any disputes arising under or in connection with this trust deed. **Signatures** **Settlor:** ___________________________ Date: ___________________________ **Trustee *:** ___________________________ Date: ___________________________ **Trustee *:** ___________________________ Date: ___________________________ **Witness *:** ___________________________ Name: ___________________________ Address: ___________________________ Occupation: ___________________________ **Witness *:** ___________________________ Name: ___________________________ Address: ___________________________ Occupation: ___________________________

yes primary owned absolute

yes

explane process

is any further information required to be included in the above document

if required pleased add - **Professional Advice**: Ensure a solicitor reviews and approves the trust deed. - **Clarity on Trustee Powers**: Explicitly state the extent and limitations of the trustees' powers to avoid any ambiguity. - **Tax Implications**: Include clauses addressing potential tax implications for the trust and the beneficiaries. - **Periodic Review**: Incorporate a clause for periodic review of the trust deed to ensure it remains compliant with any legal changes. Would you like more detailed information on any of these points in to document