Disabled Beneficiaries including Disabled Children

Caring for disabled people (children and adults) after your death can be a worry.

If someone in your family member is affected by disability, you should consider creating a Trust within your Will.
The main concerns if you leave money or property directly to them is that they may not be able to manage their own affairs and that their benefits could be ended or reduced.

If the disabled person is not able to manage their financial or legal affairs then a Trust is recommended for anyone that you are a legal Guardian for. Without this a Receiver may have to be appointed through the Court of Protection to manage their affairs. That legal process can create long delays and lead to a large legal bill. All of which is avoidable with the right Will.

Also the right type of Will can ensure that if you have the financial ability to make provision for any extras for that person, then those extras can be directed to the sole use of that person. Those extras may include a higher quality of accommodation, gifts, holidays or special equipment.

It is important to understand that there are different ways in which you can look after the interests of a person who is unable to manage their own affairs.

Issues to consider in writing these type of Wills
• The risk of funding from the Local Authority and other Government benefits being stopped.
• The risk of the Court of Protection being appointed to manage their affairs.
• Unnecessary tax.
• The risk of claims against the estate from any person financially dependent upon the deceased.

The most common type of Will for the parents or Guardians of disabled people is a Discretionary Trust.

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