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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I would like to sincerely thank Miya Smith for all her help and support throughout the purchase of our property. From the beginning to completion, Miya was always professional, patient and extremely helpful. She took the time to explain matters clearly and was always willing to answer our questions and guide us through the various stages of the purchase. As English is not our first language, we particularly appreciated her patience in explaining the legal matters and documents to us. She kept us informed throughout the process and dealt with everything carefully and efficiently. We are very grateful for all her hard work and assistance in helping us complete our purchase successfully. It was a pleasure to have Miya act for us, and we would have no hesitation in recommending her to others. Thank you very much, Miya, for all your help and support.


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Miya Smith Eric Robinson

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As
14 Oct 2026

Good service

Good service, clear communication of progress


Jay
12 Oct 2026

Chantelle dealt with the sale of my…

Chantelle dealt with the sale of my late Mothers property. I cannot thank her enough, she was very professional and excellent in her role. I would have no hesitation in recommending her, and Eric Robinson solicitors, and I would definitely use them again.


Mr Neil Willis
12 Oct 2026

Excellent employment legal specialist services

Nayo Kirkpatrick provided excellent support and clear guidance throughout the process, and helped me navigate an unfamiliar situation with speed and professionalism. Highly recommend his services to anyone in need of a top quality employment lawyer.


Anon
07 Oct 2026

I would like to sincerely thank Miya…

I would like to sincerely thank Miya Smith for all her help and support throughout the purchase of our property. From the beginning to completion, Miya was always professional, patient and extremely helpful. She took the time to explain matters clearly and was always willing to answer our questions and guide us through the various stages of the purchase. As English is not our first language, we particularly appreciated her patience in explaining the legal matters and documents to us. She kept us informed throughout the process and dealt with everything carefully and efficiently. We are very grateful for all her hard work and assistance in helping us complete our purchase successfully. It was a pleasure to have Miya act for us, and we would have no hesitation in recommending her to others. Thank you very much, Miya, for all your help and support.


Kelvin UK Ng
07 Oct 2026

Miya Smith Eric Robinson

Miya (Smith) was efficient, easy to deal with and communicated well throughout our house sale and purchase process. Back up in the office, when Miya was not available, would add another Star!


Simon & Cheryl Spencer
05 Oct 2026

Chantelle was Excellent

Chantelle was Excellent! Service was quick thorough and Chantelle very responsive. Very happy and will use again. Thank you


As
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