last will and testament!!!

Guest · March 2010

After a lucky escape in what could have been a nasty car accident last year I keep meaning to make a will, espcially since the boys dad and I are not married. But, of course, like most good intentions, it hasn't happened yet.

The main thing is Matthew(!) I haven't got a fortune to leave, but has anyone any experience on how to leave money in trust for disabled children as from what I can understand, they may get benefits withdrawn if they are seen to have their own money, but I want to make sure he has his share, along with his brother, Jack, so equipment can be bought on his behalf if he needs it rather than relying on social services.

Does anyone know of any solicitors who specialise or have experience of this type of thing or is it standard and any solicitor would be able to draw up the correct wording?

Thanks

dom · October 2004

I would have thought any solicitor should be able to do an appropriate will. Its something we've got to get around to doing as well....

We did think of leaving Philip's share to his brothers and stipulating that they were to ensure that the money was used to meet any additional needs not covered by Philip's DLA or statutory services etc. However, I read somewhere that social services can contest the will on Philip's behalf to ensure that he gets his fair share, and presumably that they can get out of paying for things. I think that the advice was to set up a trust fund. There was, probably still is, a factsheet on the scope pages somewhere.

Luckily for the boys we aren't thinking of dying just yet so we will hopefully be able to sort a will out in time for them to share our vast???? assets.

Dom

Annie · October 2004

After a lucky escape in what could have been a nasty car accident last year I keep meaning to make a will, espcially since the boys dad and I are not married. But, of course, like most good intentions, it hasn't happened yet.

The main thing is Matthew(!) I haven't got a fortune to leave, but has anyone any experience on how to leave money in trust for disabled children as from what I can understand, they may get benefits withdrawn if they are seen to have their own money, but I want to make sure he has his share, along with his brother, Jack, so equipment can be bought on his behalf if he needs it rather than relying on social services.

Does anyone know of any solicitors who specialise or have experience of this type of thing or is it standard and any solicitor would be able to draw up the correct wording?

Thanks

Annie · October 2004

Thanks for the replies. I've downloaded the scope sheet and ordered the details from MENCAP. Now I just need to get around to doing the deed - and avoiding 60mph blowouts on the M6 in the meantime!

AnneBarnes · October 2004

Hi Bear's Mum
Having two children with CP our thoughts also turned to Wills etc recently. The Scope fact sheet recommends what we have done, i.e. set up a "Discretionary Trust" (have I spelt that wrong??!) so that the trust money is not considered to be "income" and will not affect future benefits etc. We just went to a local solicitor & asked for someone who specialised in Wills & trust funds. It took a while and actually cost quite a bit, but it's worth it for piece of mind.
Anne

bloggergirl · October 2004

MENCAP provide very comprehensive advice on this subject.It is much more in depth than Scopes advice in this area,they also will provide a list of firms with the specialist knowledge as the law and tax position is complex.

last will and testament!!!

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