The Value of the Probate Preservation Plus Trust

Have your clients considered putting their homes into Trust? The Probate Preservation Plus Trust (PPPT) is simply the most comprehensive Trust of its type, designed to remove the concerns that many have when placing their home into Trust.

There are several advantages to using a PPPT, which include the following:

• It can ensure that the assets held in Trust do not add to Beneficiaries’ estates. It therefore avoids the assets increasing their estate values on death, resulting in a larger IHT bill for future generations to pay.
• It can ensure that if Beneficiaries were subject to divorce proceedings, what was intended for them to receive from the Trust could be better protected and remain in the family
• Similarly, if Beneficiaries run into financial difficulties and become subject to creditor claims or bankruptcy, the PPPT could provide more protection from such claims.
• It can, in certain circumstances, avoid probate delays, meaning that Beneficiaries can have access to the Trust assets when they are most needed.
• It can mitigate the need for a Grant of Probate/Letters of Administration to be obtained. An estate value may be significantly reduced if the main residence has already been transferred into a Trust during a client’s lifetime. Therefore, the fees associated with obtaining Probate can be avoided in some circumstances.
• Furthermore, suppose a property is not included as part of an estate for Probate purposes, therefore significantly reducing its value. This may prevent any claims from being brought against an estate under The Inheritance (Provision for Family & Dependants) Act 1975. If the estate value is substantially lowered, some potential claimants may be put off bringing a claim for provision.
• It can be useful if the Settlor loses capacity as the asset would be legally owned by the This can avoid the Office of the Public Guardian restrictions when acting under a Power of Attorney as the Trustees can administer the Trust assets.

We have a dedicated team of experts that can support Trustees where third parties request information or documentation relating to the Trust itself, and in circumstances where they seek to treat an asset of the Trust as belonging to a beneficiary.

If you are interested or have any questions about PPPT, please get in touch and our team will be happy to help.