Asset Protection FAQs

While it is legally possible to set up a trust without a solicitor, it is highly recommended that you seek professional legal advice. Trusts can be complex, and any errors in setting them up can lead to issues with asset protection, or complications in how your estate is managed. A solicitor ensures that the trust is structured correctly, complies with all legal requirements, and fully protects your assets according to your wishes.

The most commonly used trust for asset protection is an Asset Protection Trust (APT). This type of trust is specifically designed to protect your home or other valuable assets from being used to pay for long-term care fees, creditors, or other financial liabilities. Other types of trusts, such as Discretionary Trusts, may also be suitable depending on your specific needs. A solicitor can help you determine which trust structure best suits your goals and circumstances.

The strongest asset protection typically involves setting up an Asset Protection Trust, which shields your assets from claims by creditors, local authorities (for care fees), and potential financial risks. Additionally, combining this with other legal tools such as a Lasting Power of Attorney and effective estate planning can further enhance protection.

In the UK, inherited assets are not automatically protected from divorce settlements. However, they can be safeguarded through careful planning. One way to protect inherited assets is by placing them into a trust before marriage or during the estate planning process. This keeps the inheritance separate from marital assets and makes it less likely to be divided during divorce proceedings. Consulting with a solicitor is essential to ensure your inheritance is well-protected.

Yes, a prenuptial agreement (prenup) can protect future assets, but it must be carefully drafted and meet specific legal requirements to be effective. In the UK, prenups are not legally binding but are increasingly considered by courts during divorce settlements, especially if both parties have received independent legal advice and the agreement is deemed fair. A prenup can outline how assets acquired before or during the marriage, including future inheritance or business interests, should be treated in case of divorce.

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Dawn P
06 Jul 2026

Chantelle was excellent throughout a…

Chantelle was excellent throughout a very tricky and lengthly process. Professional and helpful throughout.


gracelouise
30 Jun 2026

Leasehold Extenstion

Chantelle made extending our lease a breeze. We were informed that we needed to extend our lease with one year remaining before marriage costs, which gave us a fright, but i was recommended to speak to Chantelle, and from every step of the way, she has put us at ease and although it took a bit longer on the freeholders side, Chantelle kept us informed and chased where needed. I couldn’t recommend her enough.


Georgia & Mike Witcher
30 Jun 2026

We sold a house in probate

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17 Jun 2026

Review for Michala Ward

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Mr Chris Beach
09 Jun 2026

Timely professional support

Eric Robinson helped us with the legal side of securing a new tenant for our restaurant. It was complicated as the restaurant spanned ours and another property. Chloe Winstanley was our main support and provided timely professional support throughout. I will use her again and am happy to recommend her to others.


Hannah R
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