Creating a disabled person's trust after death

rickdashton
rickdashton Community member Posts: 1 Listener
in Benefits and income
As executor of a will, can I set up a disabled person's trust for a beneficiary after the death of the donor, if the donor has expressed the wish to have the trust set up in a Letter of Wish (and not in the Will itself)?

Comments

  • surfygoose
    surfygoose Community member Posts: 470 Empowering
    I don’t know. I’ve only ever heard of them being set up by the donor before they die.
  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    Does the person named in the will receive any means tested benefits? If so then doing this could be seen as deprivation of capital and they will still be treated as having the money.

    Disabled person trust or any trust should be set up by the person leaving the inheritance and details of that should be in the will. 

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