As a homeowner in the UK, you’re likely concerned about protecting your assets and ensuring your family’s future. One effective way to achieve this is by considering house trust planning. A trust is a legal arrangement that allows you to manage and protect your assets according to your wishes — and England literally invented trust law over 800 years ago.
By transferring your property into a trust, you can benefit from property trust benefits such as protection from care fees, divorce, and creditors, as well as potential inheritance tax savings and bypassing probate delays. We understand that navigating the process can seem complex, but with the right guidance from a specialist estate planner, you can make an informed decision that suits your needs.
Key Takeaways
- Understand the basics of trusts and their role in estate planning
- Learn the actual process of transferring your property into a trust, including the legal forms required
- Discover the benefits of using a trust for asset protection — including care fees, divorce, and creditor protection
- Explore the tax implications of trusts in the UK, including the 7-year rule and the relevant property regime
- Find out how to create a trust that meets your specific needs
Understanding Trusts and Their Benefits
Putting your house in a trust can have significant benefits, but it’s essential to understand how trusts work. A trust is a legal arrangement where the settlor transfers assets to the trustees, who then manage them for the benefit of the beneficiaries. You need a minimum of two trustees, and the same person can be the settlor, a trustee, and a beneficiary — meaning you can stay in control.

What is a Trust?
A trust is a flexible estate planning tool established by a document called a trust deed. It is not a separate legal entity — it has no legal personality of its own. Instead, it is a legal arrangement under which the trustees hold legal ownership of the assets and manage them for the benefit of the beneficiaries. The trust deed sets out the rules: who the trustees and beneficiaries are, how the assets should be managed, and what powers the trustees have. Once your home is transferred into the trust, it is owned by the trustees — not by you personally. This means that when threats come along — care fees, divorce, creditors — you can say “What house? I don’t own a house.” Because legally, you don’t. The trustees hold it on trust.
Types of Trusts Available
In the UK, trusts can be classified in two ways. First, by when they take effect: a lifetime trust is established while you’re alive and can give benefits now, while a will trust (testamentary trust) is created through your will and only takes effect after your death.
Second, by how they operate. The most common types are:
- Discretionary trust — the most widely used type (98–99% of trusts settled in the UK). Trustees decide how and when to distribute income and capital among the beneficiaries. No beneficiary has an automatic right to income or capital — this is the key protection mechanism. Can last up to 125 years in England and Wales.
- Bare trust — the beneficiary has an absolute right to the capital and income at age 18 (16 in Scotland). The trustee is essentially a nominee. Simpler to administer, but not IHT-efficient — assets remain in the beneficiary’s estate for inheritance tax purposes. Offers no meaningful protection from care fees or divorce, because the beneficiary can demand the assets at any time once they reach majority under the principle in Saunders v Vautier.
- Interest in possession trust — one beneficiary (the life tenant) receives income or the right to use the trust assets, while another (usually children) inherits the capital later. Commonly used in will trusts to provide for a surviving spouse while protecting assets for children and preventing sideways disinheritance.
Within lifetime trusts, the trust can be either revocable (can be changed or ended by the settlor) or irrevocable (cannot be altered once established, unless the trust deed includes both Standard and Overriding powers that give trustees certain defined flexibility). However, revocable vs irrevocable is a feature, not the primary way trusts are classified. It’s important to understand that a revocable trust provides no IHT benefit — HMRC treats the assets as still belonging to the settlor (a settlor-interested trust). Irrevocable lifetime trusts offer significantly stronger protection and potential tax benefits because the assets are genuinely removed from the settlor’s personal estate.
Tax Implications of Trusts
The tax implications of trusts vary depending on the type. Key considerations include:
- Inheritance tax (IHT) — IHT is charged at 40% on estates above the nil rate band (NRB) of £325,000 per person, frozen since 2009 and confirmed frozen until at least April 2031. The residence nil rate band (RNRB) adds a further £175,000 per person where a qualifying residential interest passes to direct descendants — children, grandchildren, or step-children (but not nephews, nieces, siblings, friends, or charities). For a married couple, the combined maximum IHT-free allowance is £1,000,000. The RNRB also tapers by £1 for every £2 the estate exceeds £2,000,000 in value. Transferring assets into a discretionary lifetime trust is a chargeable lifetime transfer (CLT) — not a potentially exempt transfer (PET). If the value transferred is within the available NRB, there is no entry charge. Discretionary trusts are subject to the relevant property regime: potential periodic 10-year charges (maximum 6% of trust property above the NRB) and proportionate exit charges. For most family homes valued below the NRB, these charges are often zero.
- Income tax — discretionary trusts pay income tax at the trust rate (currently 45% for non-dividend income, 39.35% for dividends, with the first £1,000 taxed at the basic rate). Bare trusts are taxed as the beneficiary’s income. Interest in possession trusts pass income to the life tenant who is taxed at their marginal rate.
- Capital gains tax (CGT) — trusts receive only half the annual CGT exemption available to individuals (currently £1,500 for trusts). Transferring your main residence into a trust normally does not trigger CGT, because principal private residence relief (PPR) applies at the point of transfer. For second properties, holdover relief may be available when assets are transferred into certain types of trust, deferring any immediate CGT charge.
It’s a common misconception that putting assets in a trust automatically avoids inheritance tax — this is not the case. Trusts are tax-efficient planning tools, not tax avoidance schemes. With careful planning and specialist advice, significant savings can be achieved. You may want to consult with a specialist estate planner or visit MP Estate Planning for more detailed guidance.
Reasons to Put Your House in a Trust
Putting your house in a trust can be a savvy move for UK homeowners looking to secure their assets. Most people think trusts are exclusively for the rich — but the far more common problems trusts solve are protecting your home from care fees and losing the home in a future divorce. As Mike Pugh says: “Trusts are not just for the rich — they’re for the smart.”
Protecting Your Assets
The primary reason to put your house in a trust is asset protection. By transferring your property into a trust, you can safeguard it against multiple threats:
- Care fees — every year, between 40,000 and 70,000 homes are sold to pay for care in England. Currently, if you have assets above £23,250 (including your home), you’re classed as a self-funder. With residential care costing £1,100–£1,300 per week and nursing care reaching £1,400–£1,500 per week (or significantly more in London and the south), a home can be consumed within just a few years. Putting your home into trust years in advance of any care need means your home is much more likely to go to your children and not the local authority. You must do this before there is any “foreseeable need” for care — there is no fixed time limit on deprivation of assets rules (unlike the 7-year IHT rule), but the longer the gap between the transfer and the need for care, the harder it is for the local authority to challenge.
- Divorce — with a UK divorce rate of around 42%, seeing your children lose their inheritance in a divorce financial settlement is heartbreaking. Assets held in a discretionary trust are owned by the trustees, not the individual — making them far harder to claim in divorce proceedings. As Mike puts it: “What house? I don’t own a house.”
- Creditors and litigation — if a beneficiary faces bankruptcy or a lawsuit, assets in a discretionary trust are protected because no beneficiary personally owns them.
Bypassing Probate Delays
When someone dies with assets in their sole name, the family must apply for a Grant of Probate (or Letters of Administration if there is no will). While the Grant itself currently takes around 4–8 weeks for straightforward cases, the full probate process — including gathering assets, paying creditors and IHT, selling property if needed, and distributing to beneficiaries — typically takes 9–18 months. During this time, sole-name bank accounts are frozen, property cannot be sold or transferred, and the will becomes a public document that anyone can obtain a copy of for a small fee. When you have assets in a properly funded lifetime trust, those assets are never frozen because nothing is in your sole name — the trustees can act immediately, allowing them to pass to the beneficiaries without waiting for probate. This saves your family significant time, stress, and cost.
Managing Inheritance Tax
Inheritance tax is charged at 40% on estates above the £325,000 nil rate band — one of the highest rates of any major tax. The NRB has been frozen since 2009 and won’t increase until at least April 2031, which means that with the average home in England now worth around £290,000, ordinary homeowners are increasingly being caught by IHT. A married couple can combine their unused NRBs for a total of £650,000, and if a qualifying residential interest passes to direct descendants, the RNRB can add a further £350,000, giving a combined maximum of £1,000,000. But for individuals without a spouse or civil partner, the exposure starts at just £325,000 — or £500,000 with the RNRB. By placing your home in an irrevocable lifetime trust, you can potentially reduce the IHT liability on your estate over time. However, careful planning is essential — a bare trust won’t help with IHT as the assets remain inside the beneficiary’s estate for tax purposes, and a revocable trust provides no IHT benefit either because HMRC treats the assets as still belonging to the settlor.
| Benefit | Description | Impact |
|---|---|---|
| Care Fee Protection | Safeguards your home against local authority care fee assessments when planned years in advance | Your home stays with your family, not the local authority |
| Divorce Protection | Assets in a discretionary trust are owned by the trustees, not the individual | Protects your children’s inheritance from divorce settlements |
| Bypassing Probate | Trust assets pass to beneficiaries without waiting for a Grant of Probate | Avoids months of delays, asset freezing, and associated costs |
| Inheritance Tax Reduction | Potential IHT savings through proper trust structuring and the relevant property regime | Maximises the value of your estate for your beneficiaries |
| Creditor & Litigation Protection | Assets in a discretionary trust cannot easily be reached by creditors or in lawsuits | Protects family wealth from unexpected legal claims |
Legal Requirements for Creating a Trust
Setting up a trust involves meeting specific legal criteria to ensure its validity. When considering house trust planning, it’s essential to understand the legal framework that governs trusts in England and Wales.
For a trust to be valid, it must satisfy the three certainties: certainty of intention (you deliberately intended to create a trust), certainty of subject matter (the property is clearly identified), and certainty of objects (the beneficiaries are clearly identifiable). Without these, a trust will not be valid. Additionally, for trusts involving land, the trust must be evidenced in writing and signed by the settlor.
Necessary Documentation
The core document is the trust deed, which sets out the rules governing how the assets should be managed, who the trustees and beneficiaries are, and what powers the trustees have. Because trusts are important legal arrangements, the wording needs to be precise without any room for ambiguity.
Additional documentation required for transferring property into a trust includes:
| Document | Purpose |
|---|---|
| Trust Deed | The founding document that establishes the trust, its terms, and the powers of the trustees |
| TR1 Form | Transfer of legal title to the trustees — used when there is no mortgage on the property |
| Declaration of Trust | Transfers the beneficial interest to the trust — used when there is a mortgage (as you cannot move legal title without lender consent) |
| AP1 Form | Application to change the Land Registry records |
| RX1 Form | Places a restriction on the property title — nothing can be sold or mortgaged without trustee consent |
Role of Legal Advisors
Given the complexity of trust law, professional guidance is essential. The law — like medicine — is broad, and you wouldn’t want your GP acting as your surgeon. Likewise, a general high street solicitor may not be as up-to-date on trust planning, tax strategies, and asset protection as a specialist who deals with trusts every single day. The conveyancing of property into a trust is a regulated activity, and not all conveyancers understand trusts — be very careful about who you select to handle the process.
The Process of Transferring Your House into a Trust
The process of transferring your house into a trust involves several key steps. When you decide to put your house in a trust, you’re taking a significant step towards protecting your assets and ensuring your family’s financial security.
Step-by-Step Guide
- Check the title and ownership. Is the property mortgage-free or mortgaged? Is it sole ownership or joint tenants? This determines which documents you need. If the property is held as joint tenants, you’ll first need to sever the tenancy and convert it to tenants in common — otherwise you can’t control what happens to your share, because the right of survivorship means it automatically passes to the other owner.
- Prepare the trust deed. Work with a specialist estate planner to draft the trust deed, identifying the trustees and beneficiaries and setting out the terms. The wording must be precise with no room for ambiguity.
- Prepare the transfer documents. If there’s no mortgage, you’ll need a TR1 form to transfer legal title into the names of the trustees. If there is a mortgage, you’ll use a Declaration of Trust to transfer the beneficial interest — you can’t move legal title without the mortgage company’s consent. You’ll also need a form RX1 to place a restriction on the title. The RX1 is like putting a legal fence around your home — nothing can be sold or mortgaged without trustee consent.
- Submit all forms to Land Registry. Filing with HM Land Registry (HMLR) is a regulated activity and requires a solicitor or licensed conveyancer. While a trust can have as many trustees as you wish, Land Registry only allows up to 4 people to be listed on a property title. The registration process can take several weeks or months, but your home is legally protected from the moment the documents are properly executed.
- Register the trust with HMRC. All UK express trusts must be registered on the Trust Registration Service (TRS) within 90 days of creation — including bare trusts. Importantly, the TRS register is not publicly accessible (unlike Companies House), so your trust arrangements remain private. Don’t skip this step.
For more detailed information on the process, you can visit our page on Family Home Protection Trust.
Costs Involved
The costs of putting your house in a trust vary depending on the complexity of your situation and whether tax planning is involved.
| Cost Component | Estimated Cost (£) |
|---|---|
| Trust deed drafting and estate planning advice | 850 – 2,000+ |
| Conveyancing and Land Registry filing | 200 – 500 |
| Land Registry fees | 20 – 280 |
| Stamp Duty (if applicable — usually not payable on transfers into trust for no consideration) | Varies |
When you compare the cost of a trust to the potential costs of care fees or family disputes, it’s one of the most cost-effective forms of protection available. Care currently costs around £1,200–£1,500 per week on average — so the entire cost of a trust is typically equivalent to just 1–2 weeks of care. The trust is a one-time fee that can protect your family for up to 125 years. MP Estate Planning is the first and only company in the UK that actively publishes all prices on YouTube, so you always know what to expect.
Common Pitfalls to Avoid
- Creating the trust but never funding it. This is the biggest mistake. Someone signs the trust deed and then does nothing. HMRC doesn’t care about good intentions — if the asset wasn’t transferred, it’s still in your name and fully exposed.
- Moving legal title with a mortgage without lender consent. This is a breach of your mortgage terms and could trigger serious consequences. Use a Declaration of Trust to transfer the beneficial interest instead — legal title stays with the mortgagor, and over time as the mortgage goes down and the property value goes up, all that growth happens inside the trust.
- Forgetting to register with the Trust Registration Service. All UK express trusts must be registered with HMRC’s TRS within 90 days.
- Using a conveyancer who doesn’t understand trusts. The conveyancing of property into a trust is a regulated activity, and most conveyancers deal with straightforward house sales — they don’t fully understand trust law. Use a specialist.
- Choosing a revocable trust when you need asset protection. A revocable trust provides no IHT benefit and limited asset protection — HMRC treats the assets as still belonging to the settlor. For genuine protection, an irrevocable trust is the standard approach.

Selecting the Right Type of Trust for Your House
When it comes to putting your house in a trust, selecting the appropriate type is vital for effective asset management. The right choice depends on your goals, your family situation, and whether you want the trust to protect against care fees, divorce, inheritance tax, or all three.
Bare Trust vs. Discretionary Trust
This is a critical decision when creating a house trust.
A bare trust gives the beneficiary absolute entitlement to the trust assets at age 18 (16 in Scotland). The trustee acts as a mere nominee with very limited discretion. While simpler to administer, a bare trust has serious drawbacks: it is not IHT-efficient — the assets are treated as belonging to the beneficiary for inheritance tax purposes. It also offers no meaningful protection from care fees or divorce, since the beneficiary has an absolute right to the assets and can be compelled to claim them.
A discretionary trust gives the trustees power to decide how to distribute the trust assets among the beneficiaries — what income or capital is paid out, to whom, how often, and under what conditions. No single beneficiary has an automatic right to the assets. This is by far the most commonly used trust in the UK (98–99% of trusts settled). Because no beneficiary has a right to the trust property, HMRC can’t point the finger at anyone and say “that’s your money” — and neither can a local authority assessing care fees, nor a divorcing spouse’s solicitor. This provides strong protection from care fees, divorce, creditors, and litigation. A discretionary trust can last up to 125 years.
For most homeowners looking to protect their family home, a discretionary lifetime trust — specifically a Family Home Protection Trust — is the most appropriate choice.

Considerations for Joint Ownership
For properties held in joint ownership, creating a trust requires additional steps. The key distinction is between joint tenancy and tenancy in common:
- In a joint tenancy, the property automatically passes to the surviving owner on death (the right of survivorship). This means you cannot leave your share to anyone else — and it can lead to sideways disinheritance if the surviving spouse remarries and their new partner or stepchildren inherit instead of your children. Before putting the property into trust, the joint tenancy must be severed to create a tenancy in common.
- In a tenancy in common, each owner holds a defined share that can be passed to whomever they choose. This gives you full control over your share and allows each owner to place their share into trust independently.
If your property is currently held as joint tenants, the first step is to sever the tenancy. This is a straightforward process but is absolutely essential — otherwise you cannot control what happens to your share of the property.
Choosing a Trustee for Your Trust
When setting up a trust, one of the most crucial choices you’ll make is choosing your trustees. A trustee is responsible for managing the trust assets and making decisions about distribution, so their role is pivotal. You need a minimum of two trustees, and the trust deed should include a clear process for removing and replacing trustees if circumstances change.
Qualities of an Effective Trustee
It’s all in the title — “trustee.” Do you trust them to do the job? An effective trustee should possess certain qualities:
- Trustworthiness: The trustee must be someone you trust implicitly to act in the best interests of the beneficiaries.
- Competence: A good understanding of the trust’s purpose and basic financial matters is essential.
- Longevity: You want your trustees to be people who will likely outlive the settlor — usually your adult children or other younger family members.
A settlor can also be a trustee (which keeps you in control), but you should always have additional trustees who are younger. Having backup trustees named in the trust deed is also important for long-term trust management — a trust can last up to 125 years, and trustees need to be available throughout.
Responsibilities of a Trustee
| Responsibility | Description |
|---|---|
| Managing Trust Assets | Making decisions about the property in the best interests of the beneficiaries, including maintenance, insurance, and any necessary repairs. |
| Distributing or Appointing Assets | Deciding when and how to distribute or appoint assets to beneficiaries according to the trust deed and in exercise of their discretionary powers. |
| Record Keeping | Maintaining accurate records of all trust transactions, decisions, and trustee meetings (minutes). |
| Tax Compliance | Filing trust tax returns (SA900) with HMRC and ensuring the trust is registered and kept up to date on the Trust Registration Service. |
How Trusts Affect Property Ownership
Understanding how trusts affect property ownership is essential for effective estate planning. When you transfer your house into a trust, you no longer legally own the property — the trustees do. This is the foundation of English trust law: the separation of legal ownership (held by the trustees) and beneficial interest (held for the beneficiaries). But if you are a trustee, you remain in control of the property day-to-day.
Rights of the Beneficiaries
Beneficiaries’ rights depend on the type of trust:
- In a bare trust, the beneficiary has an absolute right to the capital and income at age 18. The trustees have no discretion — they must hand over the assets when demanded. This is why bare trusts offer little protection.
- In a discretionary trust, no beneficiary has an automatic right to the assets. The trustees decide who benefits, when, and how much. This is what makes discretionary trusts so powerful for protection — when a beneficiary gets divorced, they can truthfully say “What house? I don’t own a house.” Because they don’t. The trustees hold it on trust.
- In an interest in possession trust, the life tenant has the right to income from the trust assets or the right to use them (e.g., the right to live in the property), while the capital passes to other beneficiaries (the remaindermen) when the life interest ends.
Responsibilities of the Trustee
Trustees must act in the best interests of the beneficiaries and in accordance with the trust deed. Key responsibilities include managing the trust property (including ensuring it’s properly insured and maintained), keeping accurate records, filing tax returns with HMRC, and ensuring the trust is properly administered. Regular reviews — ideally annually or whenever significant life events occur — help ensure the trust continues to serve its intended purpose.
Maintaining a Trust Once Established
Establishing a trust is just the beginning. The trust protects your assets — but only if it’s funded and properly maintained. As the saying goes: plan, don’t panic.
Periodic Reviews and Updates
We recommend reviewing your trust regularly, or whenever significant life events occur — changes in marital status, births, deaths, or changes in financial circumstances. You should also review when legislation changes, as IHT thresholds, trust registration requirements, and CGT allowances can all be updated by the government. For example, the NRB has been frozen at £325,000 since 2009, and from April 2027, inherited pensions will become liable for IHT — changes that could significantly affect your overall estate plan.
Key things to check during a review:
- Is the trust deed still aligned with your current wishes and family circumstances?
- Are your trustees still appropriate? Do you need to appoint backup trustees?
- Does your will work together with your trust arrangements? (They should complement each other, not conflict.)
- Are your Lasting Powers of Attorney (LPAs) up to date?
- Has the Trust Registration Service entry been kept current?
Managing Trust Assets
Managing the property within your trust includes ensuring it’s properly insured, maintained, and that any rental income is accounted for correctly. The trustees must keep accurate records and file trust tax returns (SA900) with HMRC as required. Trustees should also ensure the Trust Registration Service entry is kept up to date — this is a legal obligation, not optional. Not losing the family money provides the greatest peace of mind above all else, and proper trust maintenance is how you achieve that.
Common Myths About Putting Property in a Trust
When considering estate planning, myths surrounding trusts can deter homeowners from exploring their options. Let’s clear up the most common misconceptions.
Trusts are Only for the Wealthy
This is the most pervasive myth — and it’s completely wrong. Most people think trusts are exclusively for the rich and people with inheritance tax problems. In reality, the far more common problems trusts solve are protecting your home from care fees and losing the home in a future divorce. With the average home in England now worth around £290,000, and care fees running at £1,200–£1,500 per week or more, the real question is whether you can afford not to protect your home. Since most families don’t have an IHT problem, holding onto their home and not losing it to care fees is much more important. Trusts have been used in England for over 800 years — keeping families wealthy strengthens the country as a whole. They’re not just for the rich — they’re for the smart.
Trusts are Too Complicated to Manage
While setting up a trust requires specialist expertise, managing one can be relatively straightforward once everything is properly established and funded. The key is working with a specialist estate planner who deals with trusts every single day, rather than a general high street solicitor. The law — like medicine — is broad, and you wouldn’t want your GP doing surgery. Ongoing management involves periodic reviews, keeping records, and filing tax returns — tasks your estate planner can support you with. MP Estate Planning also provides ongoing guidance to help you stay on top of any changes in legislation or family circumstances.
| Characteristics | Bare Trust | Discretionary Trust |
|---|---|---|
| Beneficiary Rights | Absolute right to assets at age 18 | Trustees decide how and when to distribute — no beneficiary has automatic rights |
| IHT Treatment | Not IHT-efficient — assets remain in the beneficiary’s estate | Potential IHT reduction — subject to relevant property regime (entry, periodic, and exit charges) |
| Care Fee Protection | None — beneficiary owns the assets outright | Strong — no beneficiary has automatic rights to the trust property |
| Divorce Protection | None — beneficiary can be forced to claim their entitlement | Strong — assets are held by the trustees, not the individual |
| Flexibility | Minimal — beneficiary’s rights are fixed | Maximum flexibility — trustees have full discretion over distributions |
| Duration | Until beneficiary reaches 18 (can be collapsed by beneficiary under Saunders v Vautier) | Up to 125 years |
How to Dissolve or Vary a Trust if Needed
Trusts are designed to be long-term arrangements, but situations may arise where changes become necessary.
Circumstances for Changes
Whether a trust can be changed or dissolved depends on the type of trust and the powers contained within the trust deed:
- A revocable lifetime trust can be changed, amended, or revoked by the settlor at any time during their lifetime. However, remember that revocable trusts provide no IHT benefit and limited asset protection.
- An irrevocable lifetime trust cannot be unilaterally revoked once established. However, if the trust deed includes both Standard and Overriding powers, the trustees may exercise certain defined powers to make adjustments within the scope of those powers — without making the trust revocable.
- A bare trust can be brought to an end by the beneficiary once they reach 18, under the principle in Saunders v Vautier, since they have an absolute right to the assets.
- A discretionary trust is more complex to dissolve, as no single beneficiary has an absolute entitlement. Changes typically require trustee resolutions and may need specialist legal advice to ensure compliance and to understand any tax consequences.
Legal Procedures Involved
Any changes to a trust should be made with professional guidance to ensure compliance with trust law and to understand the potential tax consequences. This may include reviewing the trust deed for variation provisions, obtaining necessary consents, ensuring that any changes are properly documented in writing, and considering whether the variation triggers any IHT, CGT, or income tax charges. For more on whether a trust can be contested, visit our detailed guide.
Frequently Asked Questions about Trusts
Do I still own my home when it’s in a trust?
The short answer is no — the trustees hold your home on behalf of the beneficiaries. But the more relevant question is: who controls the trust? If you are a trustee (which you should be), you remain in control of the property day-to-day. You no longer legally own it, yet you control it because you are one of the people in charge of managing it. This separation of legal ownership and control is the foundation of English trust law — a concept England invented over 800 years ago.
Can I put my home in a trust if I still have a mortgage?
Yes, you can. Thanks to the distinction between legal and beneficial ownership — a cornerstone of English trust law. Legal ownership means your name is on the title at Land Registry. Beneficial ownership means the value that belongs to you — your equity in the property. You can transfer the beneficial interest into trust using a Declaration of Trust, even with an active mortgage. The legal title stays in your name (because you need the lender’s consent to transfer that), but the beneficial interest — the real value — sits inside the trust. Over time, the mortgage goes down and the property value goes up, and all that growth happens inside your trust.
Will a trust protect my home from care fees?
If structured correctly and established years in advance — before there is any foreseeable need for care — a discretionary trust can protect your home from being included in a local authority financial assessment for care fees. The key is that you must have legitimate reasons for creating the trust beyond care fee protection. At MP Estate Planning, we document nine annotated reasons for putting a home into trust, none of which mention care fees specifically. Care fee protection is a genuine ancillary benefit of proper estate planning, but it cannot be the primary motivation — otherwise the local authority may argue deprivation of assets. There is no fixed time limit on deprivation rules (unlike the 7-year IHT rule), but the longer the gap between transferring the asset and any need for care, the stronger your position.
How much does it cost to put my house in a trust?
Prices vary based on complexity and whether tax planning is involved, but typically range from £850 to £2,000 or more for straightforward situations. MP Estate Planning is the first and only company in the UK that actively publishes all prices on YouTube, so you always know what to expect. When you compare the cost of a trust to the potential costs of care fees — currently around £1,200–£1,500 per week on average — the entire cost of a trust is usually equivalent to just 1–2 weeks of care. It’s a one-time fee that can protect your family for up to 125 years.
What is the difference between a bare trust and a discretionary trust?
A bare trust gives the beneficiary an absolute right to the assets at age 18 — the trustee is merely a nominee. It’s simple but not IHT-efficient and offers no meaningful protection from care fees or divorce. A discretionary trust gives the trustees full power to decide who benefits, when, and how much — no beneficiary has an automatic entitlement. This makes it far more flexible and far more protective against care fees, divorce, and creditors. The vast majority (98–99%) of trusts settled in the UK are discretionary trusts, and for good reason.
How does a trust affect inheritance tax?
It depends on the type of trust. Transferring assets into an irrevocable discretionary lifetime trust is a chargeable lifetime transfer (CLT). If the value is within the available nil rate band (£325,000 per person), there is no entry charge. Discretionary trusts fall under the relevant property regime, which means potential periodic 10-year charges (maximum 6% of trust property above the NRB) and proportionate exit charges. For most family homes valued below the NRB, these charges are often zero. Bare trusts are not IHT-efficient — assets are treated as belonging to the beneficiary. Revocable trusts provide no IHT benefit at all — HMRC treats the assets as still belonging to the settlor. Professional advice is essential to structure the trust correctly for your circumstances.
What happens if I need to make changes to my trust?
If the trust is revocable, you can make changes at any time — but remember that revocable trusts offer limited protection and no IHT benefit. If it’s irrevocable, changes can only be made if the trust deed includes the necessary powers (Standard and Overriding powers that give trustees defined flexibility without making the trust revocable). Regular reviews with your estate planner ensure your trust stays aligned with your circumstances and any changes in legislation — particularly important given that IHT thresholds, trust tax rules, and pension inheritance rules are all subject to change.