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Disabled Trusts

Setting up a Disabled Trust

A Disabled Trust offers a solution to meet the needs of someone who is the beneficiary of funds, but also enjoys a regular state benefit for the disability that he or she may have.

Very often due to the disability there has been a means test that ascertains how much the person should receive in the way of benefit on a regular basis.

If you are looking to set up a Disabled Trust, we cover across Nottingham, Derby, Sheffield, the Midlands, the South and beyond – get in touch for advice.

IMPORTANT:Should you wish to leave this disabled person a legacy in the way of a cash gift, then on your demise the sum of money received by the Beneficiary could affect the state benefit and even reduce this to nil having a negative result in leaving the gift in the first place.

Call us on 0800 689 0923
info@njlegalservices.co.uk

We offer a free, no obligation home visit at a time to suit you, to discuss your needs. Contact us today.

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Trust Funds

One solution is to leave the legacy to a Trust fund with appointed Trustees then depending on the terms of the Trust and the letter of wishes decided by you.

The Trustees are able to pay various amounts of money out of the Trust for the benefit of the intended disabled person, without affecting his state benefits.

There are rules governing the running of the Trust, however if managed correctly this will work really well for the intended beneficiary, that is why the choice of Trustees is a very important decision.

We can help you decide the best way to set up the Trust and give you the peace of mind knowing that you have provided for a disabled person without it affecting his or her regular state benefits that they receive.

Types of Disabled Trusts

You can set up a Disabled Trust and include this in your Will or you can choose to set up a Disabled Trust outside of your Will to commence immediately.

We are able to explain the different outcomes to these two scenarios and the impact on the disabled person.

We can explain any implications and the impact on any state benefits received. Disabled Trusts are treated favourably by the HMRC.

We will ensure that you you fully understand everything, and if you have any question, we are more than happy to help. During the process we will go through all the necessary paperwork and will be on hand to assist you with any related forms or documents.

Who qualifies as a vulnerable beneficiary?

A vulnerable beneficiary is either someone under 18 whose parent has died or a disabled person who is eligible for any of the following benefits (even if they do not receive them):

  • Attendance Allowance
    (either the care component at the middle or highest rate, or the mobility component at the highest rate)
  • Personal Independence Allowance
  • an increased disablement pension
  • Constant Attendance Allowance
  • Armed Forces Independence Payment

A vulnerable beneficiary can also be someone who is unable to manage their own affairs because of a mental health condition – check with a medical professional that it’s covered by the Mental Health Act 1983. [Gov.uk]

Give us a call to discuss setting up a Disabled Trust on 0800 689 0923, or visit our contact page for more details.

Client reviews

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Joanne Lamb – The will service was personal, professional, prompt and of excellent quality. I feel I have successfully secured my wishes and protected those dearest to me in the event of my passing. Absolutely worth the investment. Thank you Nigel.

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April-Dawn Martin – Nigel Johnson has been extremely helpful, honest, thoughtful with my personal details & thoroughly professional with regards to our Will. Along with other details I felt totally at ease & he has come across as extremely trustworthy, & really cared about us. He has made me feel like I’m his only Client, so thank you so much Nigel for caring enough to deal with us.

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Doreen – Nigel came to our house as my mum needed to make a new will. He was very professional but at the same time was friendly and easy going and that instantly put my mum at ease. He explained everything really well and l don’t think l could have found anyone better.
Thank you Nigel

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Stephen Taylor-Edwards – Excellent service. Did exactly as promised when promised and very reasonable price. Recommend without hesitation.

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Karen Oldham – Nigel visited my elderly parents to sort out their will and deeds. He made it a very straight forward experience for them. Nigel was extremely friendly and when explaining a very complex subject to my parents he made it easy for them to understand. Throughout the whole process Nigel was very professional and he gave them plenty of time to think about the options open to them. We would highly recommend Nj legal services.

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Joyce Williams – Nigel took care of all the necessary documentation with a most professional, friendly approach. Couldn’t have wished for a better service. Now have peace of mind knowing that everything is taken care of. Highly recommend NJLegal Services to anyone.

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