Enoch Evans LLP has reported an increasing amount of enquiries concerning the provisions that can be made for disabled children in wills. Trish Venables, Senior Solicitor in the Wills, Tax and Probate department at the firm explains why this is such an important factor to consider when making a will.

“If your child or grandchild is disabled, steps should be taken to ensure that their future is safe and that any assets they receive in a will do not impinge on any means-tested benefit that they may be entitled to. The most straightforward way of doing this is to set up a trust in your will, a trust is a legal arrangement where assets are managed by one or more people (trustees) for the benefit of the beneficiary (in this case, the disabled child). The more widely used trust for disabled beneficiaries is that of a Discretionary Trust.”

Trish goes on to explain that “assets that are placed in a Discretionary Trust do not “belong” to that of the beneficiary; this means that any assets within the trust will not be taken into account when assessing the entitlement to benefits when the need comes to pay for care. Capable and dependable Trustees are appointed to manage the trust.” No one likes to consider what will happen to his or her child after they have passed away, but setting up a trust will avoid any future problems, and will ensure that what was initially a generous gesture does not have a negative outcome.

Cerebra, the charity for children with brain related problems have started a Wills and Trusts Voucher scheme to help parents prepare for their child's long-term future. You can visit their website www.cerebra.org.uk to apply for a voucher worth £350. The money goes towards the cost of having a solicitor prepare a will and discretionary trust to make provision for your child’s future and Enoch Evans LLP accept these vouchers. Trish is also a preferred solicitor with Mencep, the learning disability charity.

If you wish to enquire about having setting up a trust for a disabled child, or if you have any other wills, tax or probate enquiries please do not hesitate to contact Susan Comrie, Trish Venables or Richard Neea at Enoch Evans LLP. Please call (01922) 720333, email ee@enoch-evans.co.uk or visit www.enochevans.co.uk.

<< Back to Newsdesk