Designed to safeguard a person's share of a joint property, ensuring it passes to intended beneficiaries while allowing a surviving spouse or partner to benefit from it during their lifetime.

Example: A person places their half of the family home into a Trust, ensuring their children inherit it while allowing their spouse to continue living there.

Ensure assets pass to your chosen beneficiaries while allowing another person, often a spouse or partner, to use them during their lifetime.

Example: An individual creates a Trust giving their spouse the right to receive rental income from an investment property, with the capital passing to their children upon the spouse’s death.

Allow someone to live in your property for a defined period, offering security without transferring ownership.

Example: A parent leaves their home in Trust for their child, allowing them to live there until they reach a certain age, at which point the property is sold or transferred.

Ideal for beneficiaries who may struggle with financial management or situations where your wishes might change over time.

Example: A Trust is set up for multiple grandchildren, allowing trustees to decide how and when funds are distributed based on their individual needs.

Safeguard the interests of disabled or vulnerable individuals and benefit from special tax treatment.

Example: A Trust is established for an adult child with disabilities, ensuring financial support for their care and lifelong security while benefiting from tax relief.

A Family Asset Protection Trust is designed to safeguard family wealth, ensuring assets remain within the family and are shielded from potential financial liabilities or external claims. These trusts are becoming increasingly popular as more people look for ways to protect their assets and secure financial stability for future generations.  Additionally, they can help avoid probate, ensuring assets are transferred more quickly to beneficiaries without the delays and costs associated with the probate process.

Example: A married couple places their family home into a Trust. Trustees oversee the Trust, managing the property in accordance with the couple’s wishes. Their children are named as beneficiaries, allowing them to benefit from the property and any income it generates.  Importantly, the couple can continue to live in the property and retain  control over it as they did before placing it into the Trust. This means they can sell the property themselves if they choose, ensuring flexibility while still benefiting from the protection the Trust provides.

Trustees do not have the authority to sell the property freely; they may only do so under conditions set in the Trust deed, such as after the couple passes away or if all trustees agree that selling is in the best interest of the beneficiaries. If the couple has specified that the property must remain in the family, the Trust ensures it cannot be sold outside the family. 

If a sale does occur under these conditions, the proceeds remain protected within the Trust, ensuring they are managed and distributed according to the couple’s instructions.

Trustees may also be beneficiaries, but this arrangement can create conflicts of interest, so having at least one independent trustee is often recommended. This helps maintain objectivity and ensures decisions align with the couple’s original intentions.