Many families worry about what might happen to their home if one partner needs residential care. A Property Protection Trust in a Will can sometimes form part of a wider plan, but it is important to understand both its benefits and its limitations.
This guide explains the position in England and the questions we discuss with families in Rushden, Higham Ferrers, Kettering and Northampton.
How are care costs assessed?
A local authority can assess a person’s care needs and, where relevant, their finances to work out what they should contribute. The assessment can consider income and capital, subject to rules about what is included or disregarded.
For the 2026–27 financial year in England, the upper capital limit is £23,250 and the lower capital limit is £14,250. People below the upper limit may still be expected to contribute from income or assessed capital. Eligibility for NHS Continuing Healthcare is considered separately and is not means-tested. See the government’s current care charging guidance.
The previously proposed care-cost cap and increased capital limits that had been scheduled for October 2025 were cancelled. These rules and figures can change, so check the current guidance when advice is needed. The House of Commons Library explains the background.
Will my home always be included?
No. Whether a home is counted depends on the circumstances. For example, in a residential care assessment the property is generally disregarded while a spouse or partner continues to occupy it as their main home. Other disregards can also apply.
If the circumstances later change, the local authority may need to consider the property again. The way the home is owned and the value of any relevant interest can matter.
How can a Property Protection Trust in a Will help?
A common arrangement is for each partner to make a Will with a trust over their own share of the home. When the first partner dies, that person’s share passes into the trust. The survivor can be given a right to occupy or otherwise benefit from the property, while the Will sets out who should benefit when the trust ends.
For example, where a couple own equal shares as tenants in common, the first person’s Will might place their half into a trust for the survivor’s lifetime, with their children named to benefit later. The other half remains the survivor’s own property. Shares and trust terms are not always equal or identical, and the outcome will depend on the facts.
A Will trust may help preserve the first person’s share in some circumstances. It does not guarantee that care costs will be avoided, that the survivor’s own share is protected, or that any particular care assessment will have a particular result.
Does a Will trust put my home into trust now?
A trust written into your Will normally takes effect on your death. It is different from transferring your home or other assets into a trust during your lifetime. Your ownership arrangements should still be checked: where appropriate, a joint tenancy may need to be severed so each person can deal with their beneficial share in their Will.
Lifetime gifts or transfers made to reduce care charges can raise separate deprivation-of-assets issues. We will discuss your circumstances before recommending an arrangement.
What if the survivor wants to move?
The trust can be drafted with powers allowing the trustees to sell and buy a replacement home, subject to its terms. It can also address downsizing, the use of any surplus money, and the trustees’ responsibilities.
Speak to Nene Legal
We will explain your options clearly, including the possible advantages, costs and ongoing responsibilities of a trust. Call 01933 588 990 or email enquiry@nenelegal.co.uk for a free, no-obligation conversation.
Read more about our Property Protection Trust service and Will writing service.
Information checked: 27 October 2026.
