A Newport legal expert is warning that many people are being misled into paying thousands for so-called ‘asset protection trusts’ which promise to shield them from paying for care fees or reduce inheritance tax for their loved ones.
Claire Davis, specialist consultant at Newport-based law firm Bellavia & Associates, says the products, which are often also termed ‘asset preservation trusts’, ‘family protection trusts’ or ‘flexible trusts’, can be misused by some unregulated providers. In these situations the products often offer no real protection and can backfire by triggering unintended legal and tax consequences, exposing families to lasting financial and legal harm, she said.
Claire, the only Welsh director of the Association of Lifetime Lawyers, has issued a warning about the growing threat of trust mis-selling, as new research suggests that people in vulnerable circumstances – particularly older homeowners, are being aggressively targeted by unregulated firms selling complex and often worthless schemes.
The majority of specialist lawyers surveyed (95%) said they had encountered cases of trust mis-selling. In the last year alone, members said they had noticed an increase, with three in four having advised multiple clients who have been mis-sold these schemes – with nearly three in four (70%) being older homeowners who either own their homes outright, or have significant equity.
More than four in five (82%) say their clients were misled into thinking the trusts would protect their homes or reduce tax, and most victims paid between £3,000 and £5,000 for having complex legal products drawn up, when they didn’t fully understand what they were signing up for and that offered no legal protection. The research suggested that the majority (89%) of these cases involved unregulated providers, with two-thirds of the firms behind the sales operating entirely outside any regulatory oversight.
Claire said:
“Families are being sold expensive, complex trusts that promise protection but often deliver the opposite. Instead of security, people are left facing financial loss, stress, and even the risk of losing access to their own homes. There is no one-size-fits-all answer to care planning or inheritance. That’s why it’s vital to seek advice from a properly qualified, regulated professional you can trust, and if you’ve already been caught in one of these schemes, there are ways out, we can help.”
The Association is calling for increased consumer awareness, stronger regulation of unregulated firms, and for more people to seek advice from regulated experts in later-life planning, before agreeing to complex trust arrangements.
