How to Protect Your Home from Care Fees

For many families across Wolverhampton, Codsall, Perton and South Staffordshire, the family home is their most valuable asset. It’s a place filled with memories, stability and decades of hard work. Understandably, most people want to ensure that their home is passed down to their children or chosen beneficiaries.

However, as people live longer and the cost of care continues to rise, more families are finding themselves worried about whether their home could be used to fund residential care fees in the future. This concern is increasingly common, and sadly, many families do lose significant assets because the correct planning wasn’t in place.

The good news is that you can protect your home — legally, safely and effectively — by planning ahead. One of the most effective ways to do this is through a Property Protection Trust within your will.

Understanding the Risk of Care Fees

If one or both partners need residential care in later life, the local authority will carry out a financial assessment. This assessment looks at your savings, income and in many cases the value of your home.

If your total assets exceed the threshold (currently £23,250 in England), you will be expected to fund some or all of your care costs yourself. Care fees can be extremely expensive, often ranging from £700 to £1,500 per week. Over several years, this can quickly consume a significant portion of a family’s estate.

This is where estate planning becomes incredibly important.

The Myth About “Gifting” Your Home

Some people believe they can protect their home simply by transferring ownership to their children while they’re still alive. Unfortunately, this is rarely effective and often causes more problems than it solves.

Local authorities can treat this as deprivation of assets, meaning they will still assess the property as if it were yours.
In addition, gifting your home exposes you to risks such as:

Your child divorcing
Your child getting into debt
Your child passing away before you
Losing control of your home

For these reasons, a more secure and reliable solution is needed.

How a Property Protection Trust Works

A Property Protection Trust is a legal arrangement built into your will. It allows you to protect your share of the family home so that it is ultimately passed to your beneficiaries — usually your children — even if your spouse or partner later needs care.

Here’s how it works in practice:

You and your partner change ownership of your property from joint tenants to tenants in common.
This means you each own a defined 50 percent share of the property.
In your wills, you each leave your 50 percent share into a Property Protection Trust.
When one partner dies, their 50 percent share is transferred into the trust.
The surviving partner continues living in the home for the rest of their life.
They cannot be removed or forced to sell.
If the surviving partner later needs residential care, only their 50 percent share is considered in the financial assessment — the other half is legally protected in the trust.

This simple but powerful arrangement ensures that at least half of the home is ring-fenced for your children, regardless of what happens in later life.

Protecting Against Sideways Disinheritance

A Property Protection Trust not only protects your home from care fees but also prevents another common issue known as sideways disinheritance.

This happens when:

You pass away.
Your spouse inherits your share of the home.
They meet a new partner and remarry.
When they die, the entire home could pass to the new spouse, leaving your children with nothing.

A Property Protection Trust prevents this.
Your share of the home always remains protected for your chosen beneficiaries.

Maintaining Control and Flexibility

One of the biggest advantages of a Property Protection Trust is that it does not restrict the surviving partner unfairly.

They can:

Continue living in the home for life
Move to a new property if needed
Downsize
Release equity if appropriate

The trust simply preserves the value of the first partner’s share for the ultimate beneficiaries.

Why Local Families Choose This Protection

In Wolverhampton and South Staffordshire, this type of trust has become extremely popular — especially among families who want to ensure their hard-earned home goes to their children rather than being absorbed by care costs.

Many clients tell us the same thing:
They have worked too hard to leave things to chance.

Planning ahead means you stay in control and give your family long-term security.

Is It Complicated to Set Up?

Not at all. With professional help, the process is straightforward. At Your Will Writers, we explain everything clearly, in plain English, and complete all the required legal work, including:

Amending your property ownership
Drafting new wills
Creating the trust
Appointing trustees
Ensuring everything is fully compliant

We also offer home visits across Wolverhampton, Codsall, Perton and South Staffordshire, making the process comfortable and stress-free.

Who Should Consider a Property Protection Trust?

This is ideal for:

Married couples
Unmarried couples who jointly own a home
Blended families
Parents with adult children
Anyone concerned about future care fees
Anyone who wants to prevent sideways disinheritance

If you want to protect your home and ensure your children inherit your share, this solution is one of the most effective ways to do so.

Why Acting Early Matters

A Property Protection Trust can only be set up while both partners have mental capacity and are still alive. Waiting too long can limit your options.

Putting the trust in place early ensures everything is secure and legally protected long before it might be needed.

Your Home Is Worth Protecting

Your home represents security, stability and a lifetime of memories. It makes sense to protect it just as carefully as you protect your savings or any other asset.

With the right planning, you can stay in full control of your property, protect your partner, and ensure your children inherit what you’ve worked so hard for.

For families across Wolverhampton and South Staffordshire, this peace of mind is priceless.

Your Will Writers
Tel: 07727 347377 or 01902 918223
Email: info@yourwillwriters.co.uk

Website: www.yourwillwriters.co.uk