3 years ago


ASSET PROTECTION - SWW Trust Corporation

It is not just the

It is not just the family home which can be put into the trust. Other assets such as building society accounts, bank accounts, stocks and shares can be placed into the trust for the use of the settlor and surviving spouse during their lifetimes and for other beneficiaries after the death of the survivor. Income and capital can be paid to the survivor for his or her welfare at the discretion of the trustees. Taxation: - The purpose of the trust is not to mitigate or avoid inheritance tax but to protect and preserve assets. It is IHT neutral in this respect and does not remove the value of the assets from the IHT calculation on death if the settlors continue to receive a benefit from the assets. The principal residence exemption for Capital Gains Tax will continue to apply to a property held in trust as long as the settlors continue to occupy it as their principal residence. Care fees:- Clients often ask whether asset protection trusts can protect against care home fees. The fear is that the family home will be taken from them and sold so that nothing is left for future TO FIND OUT MORE ABOUT USING TRUSTS FOR ESTATE PLANNING generations. This is a complicated topic and involves PLEASE CONTACT consideration of the concept of ‘deliberate deprivation’. Any act carried out whereby assets are transferred, sold or used up deliberately to diminish the settlor’s assets to avoid paying care fees can be considered as deliberate deprivation. If assets are transferred into an asset protection trust whilst care fees are not YOUR LOCAL CONSULTANT OR CONTACT US TO FIND SOMEONE IN YOUR AREA even contemplated and when the clients are healthy and not considering going into care the assets may be excluded from a local authority assessment for care fees. A full assessment of the settlors’ circumstances will be required to provide full and E-mail:- Tel:- 01522 687888 accurate advice in this respect. SWW Trust Corporation Trust Card Series W W W . S W W T R U S T . C O . U K

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