If your child has a disability, they would in most cases be eligible for a disability allowance or other benefits to assist with their special needs. Unfortunately, these benefits are means tested and could be withdrawn following an inheritance under your will. Your disabled beneficiary would therefore have to use up their inheritance prior to re-applying for their disability allowance to be reinstated. You can address this position far more efficiently with a Disabled Discretionary Trust written into your Will.
The special provisions of a Disabled Discretionary Trust written into your will allow for your disabled beneficiary to inherit from your estate and retain their benefits. Effectively, your disabled child’s inheritance is held in Trust for their use and benefit. As they will not be inheriting a lump sum, the means tested threshold will not be exceeded and their disability allowance will not be taken away from them. If you have other children or trusted family members, they could be the Trustees over the Disabled Persons Trust and release the funds as and when required. Appointing trusted family members as Trustees would eliminate the professional fees solicitors would charge for administering any such fund. Any family Trustee can always seek professional advice if required.