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Property Trust Wills UK: Protect Your Home (2026)

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Part ofPersonal Legal Documents UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Planning what happens to your home after you pass away is one of the most personal decisions you will ever make. For many couples who own property together, a standard will may not go far enough, particularly where there are children from earlier relationships or concerns about future care costs. A Property Trust Will, sometimes called a Protective Property Trust Will, is one option people consider when they want to pass their share of the home to specific beneficiaries while still allowing a surviving partner to remain living there. This page walks through how these arrangements generally work, when they tend to be considered, and the practical points worth thinking about before you commit. It is a starting point rather than a substitute for tailored guidance on your own family circumstances.

What this document is

A Property Trust Will is a will that creates a trust over your share of a property when you die, rather than passing that share outright to someone else. In a typical setup, two people who own their home as tenants in common each leave their half in trust on death.

The surviving partner is usually given a right to continue living in the property for their lifetime, and when they eventually pass away or move out, the share held in trust passes to the beneficiaries you originally named, often your children. The people managing the trust are called trustees, and they hold the share on behalf of the final beneficiaries.

The key feature is that your half of the home never becomes the surviving partner's to give away. It remains earmarked for the people you chose. For couples who want to provide for each other but also protect an inheritance for children, this structure offers a middle path between leaving everything outright and leaving nothing at all.

How to use this document

  1. Check how you own your property. A Property Trust Will generally works where the home is held as tenants in common, meaning each owner has a defined share. If you currently own as joint tenants, the property passes automatically to the survivor on death, so the trust will have nothing to bite on. You may need to sever the joint tenancy first, which is a separate step. 2. Decide who benefits and for how long. Think about who should have the right to live in the property after you die and on what terms, and who should ultimately receive your share when that right ends. Common choices are a surviving spouse or partner for life, with children or grandchildren as the final beneficiaries. Consider what should happen if your partner remarries or wants to downsize. 3. Choose your trustees carefully. Trustees are the people responsible for looking after your share of the home and making sure the trust terms are followed. They need to act fairly between the person living in the property and the eventual beneficiaries, so pick people who can handle that balance sensibly. Many people appoint a mix of family members and a professional where family dynamics are complex. 4. Draft the will properly. The trust provisions need to be written with care, covering practical issues such as who pays for repairs, insurance and buildings costs, whether the surviving partner can move to a different property, and what happens if the home is sold. Poorly drafted clauses can create arguments later, so this is not a document to rush or attempt from memory. 5. Review it as life changes. Marriages, divorces, births, deaths, moves and changes in the value of your estate can all affect whether your trust still does what you want. Revisit your will every few years or whenever something significant happens in your family, so the arrangement keeps pace with real life rather than reflecting a snapshot from years ago.

Common questions

Q Does a Property Trust Will protect my home from care fees?
It may help protect the share of the home held in trust from being counted when the surviving partner is later assessed for care, because that share no longer belongs to them. It does not shield the share belonging to the person needing care. Local authority rules on deprivation of assets are strict, and outcomes depend on the facts, so this is not a guaranteed solution and should be approached with realistic expectations.
Q What is the difference between joint tenants and tenants in common?
Joint tenants own the whole property together, and when one dies the survivor automatically inherits, regardless of what any will says. Tenants in common each own a defined share, such as fifty percent each, and each share can be passed on by will. A Property Trust Will generally needs the tenants in common structure to work, so checking your title at the Land Registry is a sensible first step.
Q Can the surviving partner still sell the house and move?
Usually yes, if the will is drafted to allow it. Many Property Trust Wills include a power for the surviving partner to move to a new home, with the trust share carried across to the new property. Without that flexibility built in, the survivor could feel trapped, so it is an important point to think about when the will is being prepared.
Q Who pays for repairs and bills on the property?
This depends on what the will says. Commonly, the person living there covers day-to-day running costs such as utilities, council tax and routine maintenance, while larger structural costs may be shared or drawn from the trust. Clear wording in the will avoids disputes between the person living in the home and the beneficiaries waiting to inherit.
Q Is a Property Trust Will right for unmarried couples?
It can be particularly useful for cohabiting couples, who do not benefit from the same automatic inheritance rights as married couples or civil partners. A trust arrangement can give each partner security of a home for life while making sure each person's share passes to their own chosen family. The right structure depends on your specific situation and who you want to benefit.
Q Does the trust affect inheritance tax?
Inheritance tax treatment of trusts can be complicated and depends on how the trust is structured, the size of your estate and the relationship between the parties. Spouse and civil partner exemptions, the residence nil rate band and rules on life interest trusts all play a role. Because tax rules change, it is worth checking current thresholds and allowances on gov.uk or through tailored guidance before deciding.
Q Can I change my Property Trust Will later?
Yes. While you have mental capacity, you can revoke or update your will at any time by making a new one. Life events such as marriage, divorce, new children or a house move are all good prompts to review what you have in place. Marriage in particular can revoke an existing will in England and Wales, so it is worth checking after any major change.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.