Asset Protection Trusts

With the closure of several firms that once sold Asset Protection Trusts, many people are now understandably worried about the Trusts they set up previously.

Unfortunately, if you established these trusts to avoid care fees or Inheritance Tax, you might find they don't offer the protection you hoped for. These Asset Protection Trusts might also come with unexpected tax consequences, including penalties and interest.

At Nash and Co, we provide advice tailored to your specific trust documents and personal situation. We'll help you figure out if there are any outstanding reporting obligations or tax liabilities and explore your options for your Asset Protection Trust. We can also assist in winding up the Trust and transferring any assets back into your name.

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What is an Asset Protection Trust?

An asset protection trust, often referred to as a home protection trust or wealth preservation trust, is often seen as a legal means of protecting assets from potential future risks, such as care home fees.

These trusts aim to ensure that specific assets, such as your home, are preserved for your intended beneficiaries and are not depleted by unforeseen circumstances.

However, in recent years, many people have been wrongly advised to set up an Asset Protection Trust without fully understanding the implications. If not properly structured, these trusts can lead to significant financial and legal complications, including unforeseen tax liabilities and restricted access to your assets.

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What are the problems associated with Asset Protection Trusts?

Asset Protection Trusts can present several problems, especially when they are not fully understood or correctly implemented. Significant concerns can include:

  • Perceived Lack of Control: when assets are placed into a trust, control over them is transferred to the trustees, which can make some people feel uncomfortable

  • Deliberate Deprivation of Assets: if assets are transferred into a trust to avoid care home fees, authorities may view this as deliberate deprivation of assets during means testing, potentially placing the assets at risk. This refers to intentionally reducing the value of your assets to avoid paying for future care services, such as residential care.

  • Tax Liabilities: a poorly executed trust can result in unintended tax consequences, including liabilities for Capital Gains Tax, Land Tax, Income Tax, Stamp Duty, and Inheritance Tax

How can we help?

Nash and Co are very understanding of the difficulties many clients are now experiencing with trusts of this nature. We pride ourselves on helping clients and being transparent with our costs and the options available to clients.

We understand it can be daunting after the experiences many have had, to have to seek further professional advice from solicitors. We are happy to meet with you face to face, by video meeting or over telephone, to help you understand your situation and advise on the options available to you.

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