Asset Protection Trusts
Many people are encouraged to set up an Asset Protection Trust to safeguard their home or savings from being used to pay for care in later life. It can sound like a sensible idea , but in reality, these trusts are often misunderstood, and in some cases, mis-sold entirely.
Before creating or transferring any assets into a trust, it’s vital to understand exactly how they work, what risks are involved, and whether the advice you’ve received is genuinely in your best interests.
At Nash & Co Solicitors, we’ve helped a lot of people review and resolve issues with Asset Protection Trusts, including those who were former clients of McClure Solicitors.
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Asset Protection Trusts, sometimes referred to as Family Protection Trusts or Home Protection Trusts, are often sold as a way to remove assets from your name so they can’t be counted if you ever need to pay for care. You may also have been told that they save on inheritance tax, make probate easier, or guarantee that your home passes directly to your loved ones.
Unfortunately, much of this advice is based on half-truths. In practice, many trusts simply don’t achieve what was promised — and in some cases, they do the exact opposite. We’ve seen clients lose control of their own homes, face unexpected fees, or find themselves in conflict with local authorities who consider the trust invalid.
At Nash & Co Solicitors, we’ve helped hundreds of people who have been misled into setting up these trusts, including many former clients of McClure Solicitors. Our role is to provide clear, independent legal advice — so you can understand exactly what’s been done, what your options are, and how best to protect your interests going forward.
Why so many people are being caught out
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What an Asset Protection Trust is supposed to do
The idea behind an Asset Protection Trust is simple: you transfer ownership of your home or savings into a trust, with the intention that those assets will no longer belong to you personally. You might still live in your home, and it might feel like nothing has changed — but legally, your property or money is now controlled by the trustees.
The companies selling these trusts often highlight benefits such as:
Preventing your home from being used to pay for care fees
Speeding up the administration of your estate after death
Avoiding inheritance tax
Giving you greater control over how assets pass to your family
While these benefits may sound appealing, the truth is that very few people actually meet the criteria where this kind of trust is genuinely beneficial. In many cases, the trusts have been sold using fear-based marketing or oversimplified advice that leaves out key legal and financial implications.
The risks and hidden consequences
There are several reasons why Asset Protection Trusts can end up doing more harm than good. Even when they’re set up with good intentions, they can still cause major problems later.
One of the most serious issues is deliberate deprivation of assets. If a local authority believes a trust was created primarily to avoid care fees, they can treat the assets as if you still own them. This means that the supposed “protection” offered by the trust may not exist at all, and you could still be required to use those assets to fund your care.
Another problem is loss of control. When you transfer assets into a trust, they legally belong to the trustees — not to you. This can make it difficult to sell your home, release funds, or make changes without their agreement. Some people find that former advisers or companies have even written themselves in as trustees, giving them ongoing control and the ability to charge fees whenever changes are made.
We’ve also seen high and unnecessary costs associated with these trusts. Some people have paid thousands of pounds upfront, as well as ongoing maintenance fees, for something that provides no real benefit. Others have discovered too late that the trust makes inheritance or estate administration far more complicated for their families.
In many cases, the individuals who promoted these trusts were not regulated solicitors or financial advisers, meaning that there is little or no recourse if things go wrong.
CLICK HERE to check out our blog that explains everything you need to know about Asset Protection Trusts
Common signs of a problematic Trust
While every case is different, we would strongly recommend that you seek independent advice if:
You were told your home would be protected from care costs but weren’t warned about deliberate deprivation rules.
You can no longer access or manage your savings because they were moved into a trust.
You have been contacted by someone charging ongoing fees to “manage” your trust or remove trustees.
You are worried that former advisers (such as McClure Solicitors) may have mis-sold or incorrectly set up your trust.
You’ve been asked to sign documents you don’t fully understand or that transfer ownership of your property.
If any of these apply to you, it’s important to get specialist advice before signing or changing anything.
How we can help
Our experienced solicitors regularly help clients across the UK to review, understand and resolve issues with Asset Protection Trusts. We’ll start by explaining exactly what the trust says, who controls it, and what that means for your home and savings. From there, we’ll talk you through your options in clear and practical terms, and whether that means keeping the trust in place, making changes, or taking steps to undo it.
If you’re a former McClure Solicitors client, we understand the particular problems that many of their trusts have caused. Our team has been assisting McClure’s former clients for several years, helping them regain control of their assets and understand their legal position.
Above all, our advice is independent and transparent. We don’t sell trusts or promote them. Our goal is simply to help you make informed decisions and avoid unnecessary financial or legal risk.
call Speak to one of our friendly Trust Solicitors on 01752 827067
Why clear legal advice matters
Trusts are powerful legal tools, but they are not one-size-fits-all. What may be a suitable solution for one family could create serious problems for another. Before you create, change, or transfer anything into a trust, it’s crucial to understand how it will work in practice and how it fits into your wider estate planning.
If you already have an Asset Protection Trust, or you’ve been approached about setting one up, we can help you understand whether it’s genuinely in your best interests. For many people, a simple review offers peace of mind and protects them from avoidable mistakes in the future.
Talk to us
To speak with one of our solicitors about an Asset Protection Trust, call 01752 827067 or email trusts@nash.co.uk. We can advise clients throughout England and Wales, and initial consultations are always free of obligation.
You can also read our related pages:
Frequently asked questions
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An Asset Protection Trust is a type of trust that involves transferring ownership of your home or savings into the names of trustees, often with the promise that these assets will be “protected” from being used to pay for care in later life. You may also have heard them called Family Protection Trusts or Home Protection Trusts. While this might sound reassuring, the legal reality is much more complicated. In many cases, the trust doesn’t achieve what was promised and can even cause serious financial and legal issues later on.
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Many people were persuaded to set up these trusts by companies or advisers who were not regulated solicitors and who overstated the benefits. They often promised guaranteed protection from care costs, lower inheritance tax, or faster probate without explaining the potential downsides or limitations. In some cases, people paid thousands of pounds for a trust that offered no real benefit and, in others, even lost control of their home.
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In some cases, yes. It depends on how the trust was set up, what assets were placed in it, and who the trustees are. Undoing or “unwinding” a trust usually requires specialist legal advice, as there can be tax and legal consequences to consider. Our team can review your trust documents and explain your options in plain English, including whether it can be changed or brought to an end.
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Yes. We regularly help clients across England and Wales who already have Asset Protection Trusts in place. We can review your trust, explain what it means for you and your family, and advise you on whether it is working as intended. If it was mis-sold or is no longer appropriate, we can discuss the steps needed to make changes or bring it to an end. Our aim is to help you regain control and protect your interests.
In some cases, this means the Trust offers little or no real protection, and you could face unexpected costs or complications later on. These types of Trusts are often marketed aggressively, sometimes without full disclosure of the risks involved.
It’s essential to get proper legal advice before setting up any kind of Asset Protection Trust. We’ll explain exactly how they work, when they might be appropriate, and the potential downsides, so you can make a fully informed decision with confidence.
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Common warning signs include not being able to sell or refinance your home without permission from the trustees, being charged ongoing “management” or “removal” fees, or being told that your home is fully protected from care fees without any mention of deprivation of assets rules. If you are unsure or something does not feel right, it is wise to have the trust reviewed by an independent solicitor.
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If your Asset Protection Trust was set up by McClure Solicitors, you are not alone. Thousands of people across the UK have been affected by how these trusts were drafted and managed. Some trusts named former McClure employees as trustees, who then charged to be removed or to make changes. Our team has worked extensively with former McClure clients and can review your documents, explain your rights, and help you regain control of your assets.
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We provide clear, independent advice to people who are worried about an existing Asset Protection Trust or have been told to set one up. We can review your trust, explain how it works, identify any risks or issues, and outline your options for moving forward. Our focus is always on protecting you and your family’s interests, not selling financial products.
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