Let’s face it, Wills are underappreciated and often overlooked. In fact, around 54% of the British public do not have one!
Some of us will have children who are born or become disabled, or members of our family may have an accident and become unable to deal with their affairs.
In these situations, specialist advice is needed and, at Anthony Collins Solicitors, we can provide this. There are some specific aspects that are relevant when making a will if you have disabled children or relatives you wish to make provision for. Some of these are outlined in our FAQs below.
Trusts for disabled people
The rules for trusts for disabled people changed in 2013. This is a type of life-interest trust under which income can be accumulated. If any payment of income or capital is made it must be made to (subject to certain small amounts) or applied for the benefit of the disabled person. For these purposes a person is disabled if s/he:
- Is incapable by reason of mental disorder, within the meaning of the Mental Health Act 1983, of administering their property or managing their affairs, or
- In receipt of an Attendance Allowance under the Social Security Contributions Benefits Act 1992, or
- Is in receipt of a Disability Living Allowance under the Social Security Contributions and Benefits Act 1992 with the care component at the middle or higher rate, or
- Is in receipt of the Personal Independence Payment (daily living component at either the standard or enhanced rate).
If the person meets one or more of these requirements, then the trust will be treated as a life-interest trust. The benefits are mainly related to inheritance tax and therefore this may be an appropriate trust to use where you are thinking of leaving a substantial legacy to your child.
As well as setting up trusts under one’s will for a disabled child, it may be appropriate to consider setting up a trust during your lifetime, perhaps as part of an inheritance tax planning exercise or to help wider family members who may also wish to help and support your child.
Head of the personal planning team
We have been recognised for the work we do
This recent case has highlighted another situation where it may be possible for under 18-year-olds to make "a will".
One significant difference between someone managing the financial affairs of another (often called “P”) under a power of attorney as opposed to a deputyship, is the degree of supervision.
As a lawyer, building a rapport and trust are important, but lawyers must remain objective.
This week (10 September-16 September 2018) is Remember a Charity in your Will Week. Remember a Charity is a group of 200 charities aiming to encourage more people to remember a charity in their Will.
Whilst some people are under the impression that preparing a Lasting Power of Attorney (LPA) is simply a case of completing a form and ticking a few boxes, it is about far more than this.
When an individual is thinking about making a gift to another individual, consideration needs to be given to the Potentially Exempt Transfer (PET) trap.
Anthony Collins Solicitors (ACS) won four awards at the Birmingham Law Society Awards last night (8 March 2018), including Law Firm of the Year (16 partners or more).
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.