disabled persons trust

Pie

Hello,  Am autistic and receive PIP.  I have an unfortunate history of being financially exploited.  My mum will leave me some money but will not put money into a disabled persons trust.  My sister and my brother have PoA for my mum if she is ever incapable.  When she passes, would I be able to ask the solicitor to put my share into a disabled person's trust?

MW123

Hello @Pie and welcome to the community. 

If your mother is disinclined to establish a disabled person's trust within her will, she may contemplate leaving a supplementary "Letter of Wishes" alongside the will. This document, though non-binding, can offer guidance to the executors regarding her preferences for managing the inheritance she leaves you.

A Letter of Wishes can serve as a non-binding yet crucial guide for executors, especially in managing the financial aspects of a disabled person's affairs. Although not legally binding, this document allows the deceased person to express preferences regarding the investment, spending, and overall management of funds to ensure the well-being of the disabled individual. 

It can also cover aspects like care preferences, quality of life considerations, and the appointment of trustees or guardians. While not a substitute for legal instruments, a well-crafted Letter of Wishes can offer valuable insights to executors, aiding them in making decisions aligned with the deceased's intentions for the disabled person's financial and personal affairs. Open communication with family members and your mothers solicitor is essential to ensure the document accurately reflects your mothers wishes for your best interests.

Pie

Unfortunately I cannot see her doing this.  My sister and brother are executors of the will and support me getting a disabled persons trust.  Would it be pos to put in place after she passes.  

poppy123456

You can put the inheritance into a trust after she passes away. However, if you're claiming any means tested benefits then you'll still be treated as having that money and it will still affect your means tested benefits if it brings your total savings to more than £6,000. There will be a deduction for every £250 or part thereof over that amount. Savings of more than £16,000 will mean no entitlement to any means tested benefits.

MW123

@Pie
Please note Poppy's reply.  There is a possibility to set up a trust after your mother's passing, even if the will has been read and the probate process is ongoing. This can help protect and manage the inheritance for a vulnerable beneficiary, like a disabled individual.

However, it's essential to consult with a solicitor for guidance. If your mother clearly stated in her will or other documents that she opposes a disabled trust, her expressed wishes typically take precedence.

Let us hope you will not have to think about this for a long time but if the worse should happen you will need to speak to a solicitor for tailored advice to your specific situation.  

Pie

She does not expressly note anything in her will about my diagnosis.