Estate Planning For Disabled Child

Estate planning allows you to put down in words what you want to happen after your death. It will be invaluable for those that you leave behind and make things much easier for them when they are sorting out your affairs. This will include letting them know where you have stored your Will so they have easy access to it in due course. Estate planning for parents with a disabled child or one with complex needs doesn’t have to be a complicated affair. The reality is that a child with special needs is more likely to be taken into local authority care if their parent dies than an able-bodied child in a similar situation. If something happens to you, you need to know that you have appointed the right person (a guardian) who will look after your child in the way that they have been accustomed to. It is for this reason that having a Will is absolutely vital. Not only will a Will outline guardianship of your child but effective estate planning will also look to ensure their needs are addressed throughout their lives even after you have died. In this article, estate planning for a disabled child, we take a look at these issues in more depth and describe the mechanism involved.

Free Initial Telephone Discussion

For a free initial discussion on how we can help you plan your estate and create your Will, get in touch with us today. We are experienced in dealing with estate planning for parents with a disabled child and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure your final wishes are accurately recorded and also avoid the stress of dealing with these issues on your own.  A well-constructed estate plan can provide you with peace of mind and also help those administering your estate. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

What are the main points to consider?

1. Leaving money to an adult who does not have the capacity to deal with their own finances.

If you leave money to an adult who doesn’t have the capacity to deal with his own finances, someone will have to make an application to the Court of Protection for a Deputy to be appointed to deal with their financial affairs.  This can be a time-consuming and expensive process. Also once appointed, the Deputy would be expected to declare the inherited money when applying for any state funding, which might result in the withdrawal of that funding. In addition, leaving money to vulnerable adults can make them susceptible to becoming the victim of fraud or scams.

Leaving money could also mean that the adult has their benefits reduced or stopped.  If they have more than £16,000 in capital, they will lose any means-tested benefits.

2. What happens if you leave money to another family to look after your disabled child or even leave him/her out of your Will completely?

With the best will in the world, leaving money to another trusted family member with the purpose of looking after the needs of your disabled child can be fraught with difficulties. For example, the able-bodied person may have a change of heart and decide to keep the money for themselves. If they are involved in a divorce, this money could be in jeopardy. Additionally, even if they do intend to look after the disabled child, investing the money in such a way as to provide an income can prove to be difficult.

If you leave your disabled child out of your Will completely on the basis that you think leaving them money would not be especially beneficial to them, your estate may find itself in court. If an insufficient provision is made, whether through a Will or otherwise, then the local authority may take it upon themselves to bring a claim on behalf of your dependent under the Inheritance (Provision for Family and Dependants) Act stating that you have not made reasonable provision for your dependent. This could prove unnecessarily costly for your estate.

3. Should I leave my child property?

If you would like to leave behind property, or you would like a property purchased for your dependent to live in, careful consideration needs to be given to this.  There will be running costs, maintenance, and repair costs. You need to ask yourself whether your child would be capable of managing this. If not, a trust may need to be established to give your dependant a right to reside in the property, whilst the trust has sufficient funds and powers to maintain and repair the property.

4. Setting up a trust.

There are clearly a number of issues relating to leaving behind money to a disabled child. One possible solution to this is by setting up a Trust. If a trust is established into which their gifts can be paid, rather than leaving the money outright to the dependent child, the money will be protected and they will enjoy the benefits of the money being held in the trust.

5. What happens when my disabled child turns 18?

Parental responsibility ends, for both disabled and non-disabled children, when a child turns 18, which can leave parents of disabled children reliant on social services when seeking decisions about their child. Having control of the decisions that are made about your child as they enter adulthood is key to a smooth transition. The methods by which a parent achieves control are specific to an individual’s circumstances. If your child has the capacity and is able to make their own decisions, he will then be able to make a Lasting Power of Attorney. Otherwise, if they do not have the capacity you will need to apply to the courts for a Court of Protection Deputyship Order.

Is there a recognised standard for writing a will?

In theory, you can write your Will on the back of an envelope. However, as it is a legally binding document it must meet certain criteria. It needs to be witnessed and signed by two independent adults and dated. These witnesses cannot inherit anything from your Will or benefit from your Will in any way (although they can act as executors). Your Will should also name your executors, who are authorised to gather in your assets and divide them up according to your instructions. This process is known as probate. As long as the executor is not a witness, they can be a beneficiary of the Will.

How we can help

We have a proven track record of helping clients plan their estates and draft their Wills. This includes relatively straightforward estates but also complex estates where assets are held all over the world. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact our Wills and Probate Solicitors

It is important for you to be well informed about the issues and possible implications of planning your estate and writing your Will. However, expert legal support is crucial in terms of ensuring your final wishes are met as you would want them to be.

To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in News, Private Client Tagged as