Estate planning documents

Protective Property Trust Wills

A Protective Property Trust Will — often called a PPT Will — is a commonly used tools for couples who want to ensure their share of the family home reaches the people they intend, rather than being lost to circumstances beyond their control. It protects your share of the property on the first death, while ensuring the person you love can continue to live there for as long as they need to.

What it does and how it works

If you own your home jointly with a partner, the starting point matters: most couples own as joint tenants, meaning on the first death, the property passes automatically to the survivor — regardless of what either Will says. To use a PPT Will, this needs to change. The joint tenancy is severed, and you each become tenants in common, owning a defined share — usually 50% each — that can be directed by your Will rather than passing automatically.

On the first death, your share of the property passes into a trust rather than outright to the survivor. The surviving partner — known as the life tenant — has the right to continue living in the property for as long as they wish, or until a specified event such as remarriage. They can benefit from the property, and the trustees can even sell and purchase a replacement property on their behalf if needed. But they cannot sell your share or leave it to anyone else. When the life tenant's rights come to an end — whether through their death or remarriage — your share passes to the beneficiaries you named, typically your children.

What it protects against:

• Remarriage

  • This is the most common reason couples put a PPT Will in place. If the surviving partner remarries, your share of the home is already held in trust — it cannot become part of a new marital estate, and it cannot be redirected to a new partner's family. Without this protection, the entire property could ultimately pass to people you never intended to benefit.

• Care fees

  • If the surviving partner later needs residential care, a financial assessment will look at their assets — including property they own. Because your share is held in trust rather than belonging to the survivor outright, it may not be included in that assessment, provided the trust is structured correctly. This can make a significant difference to how much of the property ultimately reaches your children.

• Loss of control

  • Without a PPT Will, the surviving partner inherits your share outright and can do whatever they choose with it — change their own Will, give it away, or leave it to whoever they like. A PPT Will preserves your say in where your share ultimately goes, even after you're gone.

Something worth understanding

A PPT Will covers the property — the residue is separate

It's important to understand that a PPT Will protects your share of the main residence specifically. Everything else in your estate — savings, investments, personal possessions — is dealt with separately, usually passing to the survivor outright. If you want to extend the same level of protection to the rest of your estate, a Flexible Life Interest Trust Will may be more appropriate. The two approaches aren't mutually exclusive, and the right structure depends on your circumstances.

Things to consider

• Unmarried couples

  • A PPT Will is commonly used by married couples, but unmarried couples can use one too. However, the IHT implications are different. For unmarried couples, granting a partner the right to live in your share of the property could mean your share is included in their estate for IHT purposes — potentially leading to a higher tax liability than if you were married. For unmarried couples, a Discretionary Trust Will may offer a more tax-efficient alternative, and is worth exploring alongside a PPT.

• Timing

  • Protection under a PPT Will begins on the first death. It doesn't protect assets during your lifetime — so if you want to protect your property while you're still alive, for example against future care costs, a lifetime trust such as an Asset Protection Plus Trust may be more relevant. The right approach depends on your age, health, and circumstances at the time.

"A PPT Will is one of the most straightforward ways for couples to ensure their share of the family home ends up where they intended — not redirected by circumstances they couldn't have foreseen. It's a relatively simple document that can make a significant difference to the next generation."

Who a PPT Will works well for

A Protective Property Trust Will is particularly well suited to married couples who own their home jointly, have children from the current or a previous relationship, and want to ensure their share of the property is preserved for those children regardless of what happens after they die. It's also commonly used where there's a concern about the surviving partner's future care needs, or simply a desire to maintain control over where a significant asset ultimately ends up.