Trusts for Inheritance

Rufus08
Member Posts: 1
Hi
A disabled family member has been left some money via a relatives will (they have unfortunately now passed away).
No trust is mentioned in the will but we'd like to make sure the money can be used by the family member and doesn't effect benefits. Can anyone please advise is it possible to put this money into trust for them? Thanks.
A disabled family member has been left some money via a relatives will (they have unfortunately now passed away).
No trust is mentioned in the will but we'd like to make sure the money can be used by the family member and doesn't effect benefits. Can anyone please advise is it possible to put this money into trust for them? Thanks.
Comments
-
Hi @Rufus08
I am very sorry for your loss.
First off this is not legal advice! But you would really need to look at the precise wording of the will and who the executors are. A will, provided it is written and executed correctly, is actually a trust in its own right. So technically, until the assets are paid out, they belong to the estate of your disabled family member however, the will has to be executed in line with the person's wishes.
I would be very careful about how you proceed as dodgy dealings related to benefits could result in them being withdrawn or possibly even going to prison. I strongly suggest that you consult a lawyer and give them more details about what you are trying to achieve and they will be able to advise you in more detail about how to proceed. -
Mencap provide some info on Wills and Trusts - and they have a lot of recommended solicitors who specialize in this area
-
Hi Rufus08,
This is a really complex area and as @Geo08 has suggested you need to get some legal advice about this.
There are lots of resources available on the internet but it can be difficult to work out how things will specifically apply to your family member.
For information purposes here's a link to the information on our website http://www.scope.org.uk/support/families/will-trusts and also the government website which explains a bit more about the different trusts available. https://www.gov.uk/trusts-taxes
I hope you're able to get some good advice about this and if you have any further questions I will try to answer them but we're not qualified to provide this level of financial advice so I would only be able to provide general answers or point you in the direction of where you can get some more specific advice.
Thank you @Blue Frog for suggesting Mencap's resources, they do have some good information.
Best wishes
Debbie
Brightness
Categories
- 54K All Categories
- 10.6K Start here and say hello!
- 5K Coffee lounge
- 4K Disability rights and campaigning
- 1.5K Research and opportunities
- 154 Community updates
- 12.1K Talk about your situation
- 1.8K Children, parents, and families
- 793 Work and employment
- 588 Education
- 1.2K Housing, transport, and independent living
- 1K Aids, adaptations, and equipment
- 291 Dating, sex, and relationships
- 265 Exercise and accessible facilities
- 21.7K Talk about money
- 2.1K Benefits and financial support
- 4.4K Employment and Support Allowance (ESA)
- 12.5K PIP, DLA, and AA
- 2.6K Universal Credit (UC)
- 4.1K Talk about your impairment
- 1.3K Cerebral palsy
- 687 Chronic pain and pain management
- 705 Rare, invisible, and undiagnosed conditions
- 759 Autism and neurodiversity
- 937 Mental health and wellbeing
- 311 Sensory impairments
Do you need advice on your energy costs?
Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.