Thousands of homeowners across the UK have been left trapped in their properties, unable to downsize or move, after being mis-sold legal trusts in a growing scandal now being compared to the Post Office Horizon affair. The crisis centres on Scottish law firm WW&J McClure Limited, which sold 'family protection trusts' to an estimated 23,000 customers, often as an add-on to a free will-writing service.
The False Promise of Protection
Solicitors from McClure convinced clients, many of whom were elderly or vulnerable, that placing their homes into a trust would shield the property from being used by local authorities to pay for care home fees. This promise has proven to be entirely false, offering no real protection against council powers. As part of the scheme, McClure's own solicitors were listed as trustees and had their names placed on the Land Registry documents for the properties.
The firm collapsed into administration in 2021, transferring a mountain of client files—around 23,000—to another firm, Jones Whyte. This firm was set up with some former McClure staff. For years, many clients were unaware their files had been transferred, only discovering the issue when they tried to sell their homes and found a stranger's name on the deeds.
Victims' Lives Put on Hold
The human cost is severe. Victims, having already paid thousands to set up the trusts, are now forced to spend thousands more to extricate themselves. Janice Brunton, 72, from Newcastle, purchased a trust in 2020 after being diagnosed with stage three ovarian cancer and referred by cancer charity Maggies. She paid over £3,000, putting her £180,000 home into the trust based on false assurances. "I felt like they were pushing people," she said. She later paid £340 to Jones Whyte for a review, and a further £1,000 to another firm to resolve the issues.
Lee Jackson, 50, a digital marketing manager, and his wife Bea, 56, paid £5,000 to set up a trust in 2018 after being falsely told their son would face huge capital gains tax bills. They have since spent £9,000 in legal fees trying to dissolve it and still cannot freely deal with their property. "They were targeting elderly people with the offer of a free will. The solicitors would put the fear of god in you," Mr Jackson stated. "It is going to be the next Post Office scandal."
A Systemic Failure and the Fight for Resolution
The scandal's reach is vast. Many clients were introduced to McClure by charities—including those supporting cancer, dementia, and MS patients—as well as building societies and estate planners. Anette Riding from Newcastle started a support group after her parents, both in poor health, were sold a trust in 2011. Her Facebook group now has over 3,000 members.
Solicitor Anna O'Mara, who has helped clients remove names from trusts, said: "They sold you a dream... Every single client I know has been left in a state of panic." She described one elderly client who cannot use his stairs but is unable to downsize due to a solicitor's name on his deeds.
The fallout has been significant in Scotland, where 69% of affected clients live. Stuart MacMillan, MSP for Greenock where McClure was based, has called for an inquiry after hosting public meetings attended by hundreds. The scandal has already led to legislative change via the 2023 Trusts and Succession Bill in Scotland, making it easier to remove trustees.
The Scottish Legal Complaints Commission (SLCC) confirmed a high caseload from McClure's collapse, impacting its budget and the levies charged to all Scottish law firms. Chief Executive Neil Stevenson said the SLCC had engaged with support groups, MSPs, and Police Scotland.
In a statement, a spokesperson for Jones Whyte said they were appointed custodian of McClure's files by regulators, are not a successor firm, and that no client is obliged to use them. They charge a £350+VAT review fee and have borne costs of "many hundreds of thousands of pounds" to facilitate file transfers. They stated the notification programme for former McClure clients was completed in May 2025.
For the thousands still entangled, the fight to reclaim full ownership of their homes—and their peace of mind—continues, with many demanding to know where the millions paid for these defective trusts have gone.
