Vulnerable Child Wills

Emeritus Legal advise on wills for people with a vulnerable adult or a child with disabilities

A will which creates a discretionary trust can be a very useful way to provide certainty for the future care of a vulnerable adult or special needs child. They are a useful way to protect vulnerable people against financial abuse.

The assets which are held within the trust do not belong to one beneficiary, so the funds are not means tested. The beneficiary’s means tested benefits should not be affected.

The Trustees will be able to make all the financial decisions for the beneficiary and take full responsibility to ensure that the funds are invested properly and used for the beneficiary’s well-being and future care.

The family can choose who they want as Trustees and trust to take responsibility for the beneficiary to ensure that their needs are taken care of for the rest of their lives.

The Trustees can buy property for the beneficiary, if appropriate. The property would be put in the names of the Trustees but the property would be occupied by the beneficiary with carers.

The parent(s) would sign a letter of wishes which would accompany the will. This guides the Trustees as to how the parent would like them to operate the Trust fund. The letter of wishes is not binding on the Trustees but does set out the parents’ hopes and wishes for their child’s future well-being and how they would like the trustees to make decisions concerning their child’s future.

We will gladly advise you on your particular circumstances and take you through in more detail the benefits and tax implications of creating a discretionary will trust.

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