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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17 Jun 2026

Review for Michala Ward

Michala Ward has to be up for employee of the year at Eric Robinson. Michala has steered us through not one but two nightmare house sales over the last year – Professional, Patient and thorough – Thank you Michala – Chris & Carol Beach


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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.


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04 Jun 2026

5/5 Service.

We received fantastic conveyance service from Samantha & Cathy at the Bitterne branch. They were quick to communicate any updates throughout the whole process and respond to any queries we had. Highly recommend!


Tebbett
02 Jun 2026

Chantelle Bennett at Eric Robinson…

Chantelle Bennett at Eric Robinson Solicitors made the whole sale process fornus extreme smooth. Her professionalism and understanding made contacting her very easy. If you are looking for a solicitor – we would highly recommend her and Eric Robinson Solicitors


Tim
16 May 2026

Probate

I contacted Kristen Wood to arrange an appointment in March to talk about my late husbands estate. Kristen had previously handled my father in laws estate in 2021 and we were very pleased with the service received. My husbands estate was quite straightforward and Kristen provided me with an effective way to pursue probate. I received the same great service as before and all was completed at the beginning of May. I would not hesitate to use Eric Robinson again in the future. From start to finish Kristen was professional whilst being sympathetic to my current situation. There would be no hesitation in recommending the Chandlers Ford office simply because the staff and service are first class.


Kazp
15 May 2026

Sale of my flat

Emma helped with the process of selling my flat, it wasn’t the most smoothest of sales (external issues) but she worked hard to get all completed. Emma was great at communicating throughout the process, and supporting and helping me with sale. Thankyou Emma.


Matt.H
17 Jun 2026

Review for Michala Ward

Michala Ward has to be up for employee of the year at Eric Robinson. Michala has steered us through not one but two nightmare house sales over the last year – Professional, Patient and thorough – Thank you Michala – Chris & Carol Beach


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
04 Jun 2026

5/5 Service.

We received fantastic conveyance service from Samantha & Cathy at the Bitterne branch. They were quick to communicate any updates throughout the whole process and respond to any queries we had. Highly recommend!


Tebbett
02 Jun 2026

Chantelle Bennett at Eric Robinson…

Chantelle Bennett at Eric Robinson Solicitors made the whole sale process fornus extreme smooth. Her professionalism and understanding made contacting her very easy. If you are looking for a solicitor – we would highly recommend her and Eric Robinson Solicitors


Tim
16 May 2026

Probate

I contacted Kristen Wood to arrange an appointment in March to talk about my late husbands estate. Kristen had previously handled my father in laws estate in 2021 and we were very pleased with the service received. My husbands estate was quite straightforward and Kristen provided me with an effective way to pursue probate. I received the same great service as before and all was completed at the beginning of May. I would not hesitate to use Eric Robinson again in the future. From start to finish Kristen was professional whilst being sympathetic to my current situation. There would be no hesitation in recommending the Chandlers Ford office simply because the staff and service are first class.


Kazp
15 May 2026

Sale of my flat

Emma helped with the process of selling my flat, it wasn’t the most smoothest of sales (external issues) but she worked hard to get all completed. Emma was great at communicating throughout the process, and supporting and helping me with sale. Thankyou Emma.


Matt.H
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