A Trust can be a defence against aggressive creditors.

A well prepared APT, Asset Protection Trust, can offer protection to somebody’s Estate even through a lengthy legal challenge. This can be even in the most difficult of circumstances. In this case we had set-up the APT for our client, the Settlor, many years before.

Sadly, and unbeknownst to her family or us, towards the end of her life our client fell victim to a scam. Our client was scammed into sending thousands of pounds to her scammer, money she did not have. This resulted in a substantial amount of debt and, ultimately, an IVA. When she passed away even though her Estate was insolvent her creditors turned to the previously created APT to attempt to recoup their funds.

However, the Trust had been set up before any debt existed. Ultimately, the creditors failed in their challenge and the APT we had put together stood firm. Had the Trust failed, the funds it held would have been swallowed up by the debts, and then ultimately received by the creditors. This would have meant that the beneficiaries would not have received anything. However, thanks to the Trust and our actions as Trustees, the beneficiaries were able to receive and inheritance.