Special wills to care for disabled children
- Caring for disabled family members after you’ve gone can be worrying.
- There are two main problems if you leave money or property directly to them: firstly, they may not be able to manage their own affairs and, secondly, their state benefits could be stopped.
- Answer: we set up a discretionary trust within your will, naming the disabled family member and at least one other person as beneficiaries. The assets of the trust belong to the trust, not to the disabled person . He or she may get gifts or payments from the trust but does not own any assets him/herself.
- The trustees (often other family members) distribute the contents of the trust at their discretion. Your disabled child is not automatically entitled to anything, so his/her benefits cannot be stopped.
- We then draw up for you a separate letter to your trustees explaining that, although your will says that payments to beneficiaries are entirely at their discretion, your wish is for the disabled family member to be the only beneficiary during his/her lifetime.
