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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We recently sold our house to our tenants, and while the process was challenging, Sylvia made all the difference. She was confident and personable while remaining thoroughly professional and extremely responsive throughout. Sylvia helped us navigate a variety of challenges and really drove the sale forward. Having bought and sold many properties over the years, we’ve experienced both very good and very bad conveyancing — and Sylvia is simply the best we’ve ever worked with. She sets a new standard for us on how the job should be done. Excellent service, and I’d have no hesitation in recommending her.


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I recently sold my late Father’s bungalow in Romsey and chose Eric Robinson Solicitors to manage the conveyance. It wasn’t a straightforward sale, but Chantelle Bennett made the conveyancing process completely stress-free. From start to finish she managed the process with the utmost professionalism and efficiency. Everything was handled promptly, and her proactive communication meant I never had to chase for information. I am very grateful for her excellent service and highly recommend Chantelle and the team at Eric Robinson.


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12 Aug 2026

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Highly recommended, responsive and easy communication the whole way through buying and selling our property. Have had mixed experience with other firms in the past and this was a pleasure!


Emma Chard
06 Aug 2026

excellent service

excellent service. Professional, knowledgeable, friendly. Good communication. Would 100% recommend and use again.


Lisa .A
05 Aug 2026

I reached out to Eric Robinsons for redundancy advice

I reached out to Eric Robinsons for redundancy advice, they were very timely, efficient and helpful and guided me through the process and helped me to understand my rights.


Amy
04 Aug 2026

Conveyance completed smoothly

Conveyance completed smoothly, staff involved all polite and helpful.


David Higgs
23 Jul 2026

Challenging sale to our tenants

We recently sold our house to our tenants, and while the process was challenging, Sylvia made all the difference. She was confident and personable while remaining thoroughly professional and extremely responsive throughout. Sylvia helped us navigate a variety of challenges and really drove the sale forward. Having bought and sold many properties over the years, we’ve experienced both very good and very bad conveyancing — and Sylvia is simply the best we’ve ever worked with. She sets a new standard for us on how the job should be done. Excellent service, and I’d have no hesitation in recommending her.


Mark
20 Jul 2026

Highly professional, efficient, and proactive from start to finish

I recently sold my late Father’s bungalow in Romsey and chose Eric Robinson Solicitors to manage the conveyance. It wasn’t a straightforward sale, but Chantelle Bennett made the conveyancing process completely stress-free. From start to finish she managed the process with the utmost professionalism and efficiency. Everything was handled promptly, and her proactive communication meant I never had to chase for information. I am very grateful for her excellent service and highly recommend Chantelle and the team at Eric Robinson.


Christopher Fowler
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