By making a Disabled Discretionary Trust you appoint someone (i.e. one or more trustees) to make financial decisions regarding the inheritance for your disabled child. There must be more than one potential beneficiary or the trust cannot be discretionary in nature. Your wishes are expressed through a ‘letter of wishes’ which gives the trustees guidance, but is not binding. Yet again if the letter of wishes was binding there would be no discretion and therefore no discretionary trust.

Most importantly it is designed to conform with current legislation to ensure it does not affect your disabled child’s entitlement to benefits.

It is of prime importance that the trust is set-up correctly or it may fail and deprive your child of the full benefit of the inheritance you had planned for.

If you would like to arrange a consultation please call Bill Ryan on FREEPHONE 0800 878 6565 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.Similar Posts:

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Normally having a valid Will is seen as the best way to prevent arguments after your death. Unfortunately this is not always the case. It seems that the level of disputed wills are on the up as increasingly people are pursuing claims through the courts.

This may be because the value of the estates are increasing (probably fuelled by property prices). Another reason could be the increase in complex family structures due to divorce and remarriage creating different ‘layers’ of expectation within an extended family grouping.

It is the right of any person to leave property to whom he wishes but in certain circumstances this can be challenged under law. The Inheritance (Provision for Family and Dependants) Act 1975 allows persons who were financially dependant on the deceased for six months or more in the previous two years to claim against the estate if the provision they enjoyed has diminished or ceased due to the death of the deceased.

One way to minimise the likelihood of a dispute or even avoid this problem is by having a ‘Letter of Wishes’ drawn up at the same time as the Will, that spells out the reasoning for your bequests. This should be kept with the Will. It’s contents will be taken into account by the court if the Will is challenged. This is also a useful device to expalin the thought processes in operation if, for example, the estate is left in unequal shares to siblings.

The answer lies in writing an effective will that can be located when it is needed. This is a good reason to ensure you have had the right advice, from a professional Estate Planner or a Solicitor, when drawing up the Will. This is the best way to ensure your wishes are carried out!

If you would like to arrange a consultation please call Bill Ryan on FREEPHONE 0800 878 6565 or 07942 959599 or use the contact page and I will call you back within one working day.

The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.Similar Posts:

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