Trusts
Trusts for vulnerable beneficiaries
If someone you love needs long term support, leaving them money outright can do more harm than good. A properly drafted trust lets you provide for them without affecting the help they already receive.
- Members of The Society of Will Writers
Why an outright gift can cause problems
A beneficiary who receives means tested benefits or local authority care can lose that support if they inherit a lump sum. Someone who is unable to manage money, or who could be taken advantage of, may also be put at risk by an outright inheritance. A trust keeps the money under the control of trustees you choose, who use it for the beneficiary's benefit.
What a trust can be used for
- Extras that improve quality of life, such as holidays, equipment or activities
- Housing and care that benefits do not cover
- Longer term security after parents or carers have gone
- Protection from pressure or financial abuse
Disabled person's trusts
Where the beneficiary meets the definition of a disabled or vulnerable person, the trust may qualify for special tax treatment. We will explain the conditions in general terms and draft the trust so that it works alongside their benefits and care arrangements. We also encourage families to write a letter of wishes describing the beneficiary's needs, likes and routines, so trustees have something personal to go on.
Common questions
Who should be the trustees?
People who know the beneficiary well and will be around for a long time, often siblings or other close family, sometimes alongside a professional. We will help you think it through.
Will the trust affect their benefits?
A properly drafted discretionary or disabled person's trust is designed not to. The beneficiary has no right to the capital, so it is not counted as theirs. Exact treatment depends on the benefit and the trust terms.
Can other family members also benefit?
Yes, the trust can include other beneficiaries, for example so that anything left after the vulnerable person's lifetime passes to siblings.
Where we work
Home visits across Norfolk and Suffolk
We are happy to come to you. These are some of the towns we regularly visit.
Ready to talk it through?
Get in touch and we will arrange a time that suits you. We are happy to come to your home if that is easier.