Providing for your child with a learning disability

27 NOVEMBER 2023 09:00

Making your Will is a very important step in putting your affairs in order and ensuring that your loved ones are provided for after your death. However, a simple Will is not the best option where you want to provide for a child with a learning disability.

 

It is much better to set up a Trust in your Will. A Will Trust allows Trustees (people you choose, possibly family members or close friends) to hold and manage assets for the benefit of your child. These Trustees have control over your assets and can make payments to or for your child as required.  They can ensure that your child’s needs are met and that they are not subject to abuse. 

 

Benefits of a Will Trust over a Simple Will:

• A direct inheritance payment in a Simple Will can affect your child’s means-tested benefit entitlements and, in some cases, make them ineligible for the additional support they are already receiving, causing disruption to routines.
• Will Trusts avoid the need to apply to the Court of Protection to appoint a Deputy if your child isn’t able to manage their inheritance.
• A direct inheritance payment in a Simple Will may leave your child vulnerable to financial abuse from others. A Will Trust gives power to Trustees to make decisions taking this pressure away from your child.

 

Each child is unique, and each family is different so it is important to discuss your specific circumstances with a qualified solicitor who has experience in Trusts for children with learning disabilities. If you would like more information please contact Allison Kent TEP* a Consultant Solicitor at Gomer Williams who specialises in this area. Allison can be contacted via her assistant Karen on 01554 755101 or at k.rees@gomerwilliams.co.uk

 

*Member of STEP (Society of Trust and Estate Practitioners)

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