Trusts for a disabled family member

People caring or supporting for someone with a learning disability face many challenges every day and thinking about making long-term plans for a family member can be a daunting prospect. When you have made the decision to leave money to someone with a learning disability it is important you get the right advice for your individual circumstances.

By writing a Will and setting up a Trust, you can make sure that a family member with a learning disability will get the financial support and protection they need when you are no longer around.

Writing a Will can give you peace of mind for the future, especially if your son or daughter, for example, is unable to look after their finances themselves.

Making a Will enables you to make decisions as to how you want to dispose of your possessions, including property, for the benefit of your family and friends and any organisations or charities. Without a Will, you leave everything to the rules of intestacy. By making a Will you can ensure that your wishes will be carried out.

When a family member is affected by disability, and is unable to handle their own financial and legal affairs, consideration needs to be given to establishing a Trust in your Will. Without such provision, an application may have to be made to the Court of Protection to appoint a Deputy to manage the affairs of this family member. This can cause delays, and will involve expense in fees payable to the Court.

By including a Trust in your Will you can ensure that you protect the benefit entitlement of your family member, and thereby guarantee continuity and security of care.

You can also ensure that you make provision for "extras" that you want your family member to have. These can include things like holidays, and particular equipment to enhance someone’s quality of life.

We can give you specialist advice on writing a Will and setting up a Trust to protect your vulnerable or disabled child/family member.

To speak to a member of our Private Client team, simply select one of the staff profiles below. Alternatively, you can make a general enquiry using the contact details at the bottom of this page or by calling in to any of our offices and making an appointment.