Protective Property Trust Compliance

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***. 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

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***. Prevention of Charges (continued)**
*.* 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

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***. Review of Trust Terms (continued)**
*.* 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.
*.* Periodic Review: Incorporate a clause for periodic review of the trust deed to ensure it remains compliant with any legal changes.
***. 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

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***. Entire Agreement (continued)**
*.* 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

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***. Notices (continued)**
*.* 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

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***. Trustee Remuneration (continued)**
*.* 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: ___________________________
**Trust

**Trustee *:** ___________________________
Date: ___________________________
**Witness *:** ___________________________
Name: ___________________________
Address: ___________________________
Occupation: ___________________________
**Witness *:** ___________________________
Name: ___________________________
Address: ___________________________
Occupation: ___________________________
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This document is designed to mitigate the risk of local authorities evaluating the trust as an attempt to avoid paying care fees. Ensure the trust is established with clear intent and well before any need for care arises. Consulting a solicitor for proper structuring and compliance is highly recommended. Would you like guidance on finding legal assistance for this matter?

To evaluate whether a trust, such as a Protective Property Trust Deed, was created to avoid paying care fees, local authorities in England typically consider the following key points:
- **Timing of Creation**: When the trust was established in relation to the need for care.
- **Settlor’s Health**: The health and care needs of the settlor at the time the trust was created.
- **Financial Situation**: The settlor’s financial situation and whether the trust significantly altered their assets.
- **Intent**: The documented reasons for creating the trust and whether they align with avoiding care fees.
- **Pattern of Behavior**: Any history of similar actions aimed at reducing assets to avoid care costs.
- **Legal Documentation**: The contents and structure of the trust deed, ensuring it complies with legal standards.
- **Consultation with Advisors**: Whether the settlor consulted legal and financial advisors before creating the trust.
Would you like guidance on finding legal assistance to ensure your trust complies with these considerations?

Would you like guidance on finding legal assistance to ensure your trust complies with these considerations? This can help in structuring your trust properly and documenting your intent clearly to mitigate the risk of it being evaluated as an attempt to avoid paying care fees.