Will solicitors - Families with disabled children

Some of us will have children who are born or become disabled, or members of our family may have an accident and become unable to deal with their affairs.

In these situations, specialist advice is needed and, at Anthony Collins Solicitors, we can provide this. There are some specific aspects that are relevant when making a will if you have disabled children or relatives you wish to make provision for. 

Trusts for disabled people

The rules for trusts for disabled people changed in 2013. This is a type of life-interest trust under which income can be accumulated. If any payment of income or capital is made it must be made to (subject to certain small amounts) or applied for the benefit of the disabled person. For these purposes a person is disabled if s/he:

• Is incapable by reason of mental disorder, within the meaning of the Mental Health Act 1983, of administering their property or managing their affairs, or
• In receipt of an Attendance Allowance under the Social Security Contributions Benefits Act 1992, or
• Is in receipt of a Disability Living Allowance under the Social Security Contributions and Benefits Act 1992 with the care component at the middle or higher rate, or
• Is in receipt of the Personal Independence Payment (daily living component at either the standard or enhanced rate).

If the person meets one or more of these requirements, then the trust will be treated as a life-interest trust. The benefits are mainly related to inheritance tax and therefore this may be an appropriate trust to use where you are thinking of leaving a substantial legacy to your child.

Having decided what I want to do, how do I proceed?

Call or meet with us to make sure you have covered all the options available to you. We will then be able to help you with the drafting of a suitable will or trust.

As well as setting up trusts under one’s will for a disabled child, it may be appropriate to consider setting up a trust during your lifetime, perhaps as part of an inheritance tax planning exercise or to help wider family members who may also wish to help and support your child.