Wills and Trusts
A guide to leaving money
to someone with a
learning disability
Information from ENABLE Scotland
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Contents
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Section 1: Making a Will
Why make a Will?
What do I need to think about before writing or updating my Will?
Leaving money to a person with a learning disability
Frequently asked questions about Wills
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Section 2: Setting up a Trust
Why set up a trust?
Who can set up a trust?
When should you set up a trust?
What type of trust should be used?
Discretionary trusts and means-tested benefits
What can be put in a trust and how much?
What can a trust be used for?
Who will be the trustees?
What duties and responsibilities does a trustee have?
How do I set up a trust?
What happens to any money left in the trust?
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Section 3: Finding a Solicitor
Can ENABLE Scotland recommend a solicitor?
What to consider when choosing a solicitor
How much will it cost to make a Will?
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Section 4: ENABLE Trustee Service Limited
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Section 5: Key words
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Section 6: Further help
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This guide has been written in response to the many queries ENABLE Scotland
receives from parents who want to leave money to benefit a son or daughter with a
learning disability but are not sure how to go about it.
Everyone’s circumstances will be different and this guide is intended as a general
introduction to common problems and questions which face parents. You can use it
as a starting point for considering the factors which might affect your family.
Legal terms are used throughout this guide. Turn to page 18 for an explanation of
their meaning.
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Section 1: Making a Will
Why make a Will?
It is important for everyone to make a Will. Making a Will ensures that your
assets go to the people you choose and according to your wishes after your
death. This is especially important if you want to provide for the financial
future of a family member or a friend with a learning disability.
Families tell us that they have not made a Will because they:
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think it’s too complicated and expensive;
think they don’t have much money to pass on;
do not realise the consequences of not making a Will;
assume that their family will do the right thing;
find it difficult to think about the future;
just don’t get round to it.
If you do not make a Will, you will have no control over how your money and
possessions (your ‘estate’) will be shared out after your death. This might affect
someone with a learning disability in your family in the following ways:
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they may not get the things that you want them to have;
the money you leave may be paid to them directly even if they are unable to
manage it;
others may try to take advantage of them because of their money;
it may affect their entitlement to means-tested state benefits and their financial
contribution towards community care costs;
money may be lost in inheritance tax which could have been reduced with
some careful planning.
By writing a Will and taking some extra simple steps to set up a trust, you can make
sure the people you care about get the right financial support and protection when
you die.
What do I need to think about before writing or updating
my Will?
There are a number of things you need to think about before making your Will.
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Make a rough list of everything you own – this includes all your assets and
liabilities and their value.
Think about who you would like to benefit from your Will (your ‘beneficiaries’)
and what you would like to give them. You may want to think about family
members, friends and charities. You can make specific gifts such as your
house or jewellery or you can leave a sum or share of money.
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Think about who you would like to be the executor of your Will. This is the
person you officially appoint to make sure that the wishes in your Will are
carried out.
If your child or children are under 16, think about who you would like to look
after them and be their ‘guardian’ after your death. You cannot appoint a
guardian in your Will if your child is over 16, even if they have a learning
disability.
Think about whether you need to set up a trust for a beneficiary with a
learning disability. A trust is a legal arrangement that allows a person or an
organisation to look after someone else’s money. We talk about trusts in
more detail later in this guide.
Leaving money to a person with a learning disability
If your son or daughter has a learning disability, you may have certain worries
about leaving money to them in your Will. Here are some common worries and
questions.
“It may affect my child’s entitlement to means-tested benefits”
Most adults who have a learning disability receive some form of state benefits.
Receiving even a moderate legacy may mean that they will lose their entitlement to
some means-tested benefits, including Income Support and Housing Benefit. In
addition, your son or daughter may have to contribute towards their community care
costs. Your child’s inheritance will be quickly used up if they lose their benefits and
have to use their inheritance to pay for everyday living expenses or care.
Remember that even if your child is not receiving benefits or community care
services at the moment this may change in the future as their needs change.
“It may make my child vulnerable to financial abuse”
Ask yourself whether your son or daughter would be able to manage a large sum of
money without help. Even if they can manage smaller sums, a significant inheritance
may leave them vulnerable to financial abuse by others. It might also mean that
another relative or the local authority have to apply for Financial Guardianship to
manage the money on behalf of your son or daughter.
Frequently asked questions about Wills
“Who has a right to my money?”
A lot of people think that they can do what they want with the money in their Will.
This is not strictly true. A surviving spouse or civil partner and children are entitled to
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certain ‘legal rights’ out of your ‘moveable estate’. This includes money, shares,
cars, furniture and jewellery.
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Your surviving spouse or civil partner is entitled to one-third of your moveable
estate if you left children or grandchildren.
Your surviving spouse or civil partner is entitled to one-half of your moveable
estate if you left no children or grandchildren.
Your children are collectively entitled to one-third of your moveable estate if
you left a spouse or civil partner.
Your children are collectively entitled to one-half of your moveable estate if
you left no spouse or civil partner.
Each child has an equal claim.
It is not possible in Scotland to disinherit your child or children and leave all your
money to someone else. If you do not make provision for your children in your Will,
then they (or someone acting on their behalf) can claim their ‘legal rights’. It is
possible that the Department of Work and Pensions or the local authority may try to
get a Financial Guardian appointed who would claim these rights on behalf of any
person who lacks capacity and who has been denied their legal rights to a share of
their parent’s estate.
“How do I decide how much to leave to each of my children?”
You will need to decide how much of your estate you would like to leave to each of
your children.
You may decide that the fairest thing to do is to divide your estate equally among
your children.
Alternatively you might prefer to think about what each child actually needs and
divide your estate accordingly. In some cases, other children may be relatively well
off in their own right and parents will choose to leave more to their son or daughter
who has a learning disability. In other cases, their son or daughter may be
managing well on benefits and be less likely to need funds than other children.
You could set up a trust for your child who has a learning disability and provide in
your Will for your other children to receive their inheritance directly.
Another possibility is to create a discretionary trust to deal with the whole of your
estate and to rely on the trustees of your trust to make payments to all of your
children after your death, depending on their circumstances and needs at the time.
There are no right or wrong answers about how much to leave and every family will
be different. What is important in all cases is that you are supported to make
decisions about the future that you feel comfortable and happy with.
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"Should I leave the money to another relative or friend to look after?"
You may decide to leave your child's share to someone else to look after, for
example your other children. However, a relative does not automatically have the
right to manage another adult's money. Normally, a person would only have this
right if they had a Power of Attorney or Guardianship Order.
Also, it can sometimes be difficult for a person to fulfil their role, perhaps if they move
away from your child or their own personal circumstances change. Further, the
money may not be protected if the person divorces or dies without making a Will
which provides for your child. And finally, as noted above your children have a legal
right to a share of your estate so you cannot just give their share to someone else.
“Can I leave a house in my Will?”
The simple answer is ‘Yes’, you can leave your house to whomever you want. It
does not form part of your children’s legal rights. Often people want to ensure that
their son or daughter can continue living in the family home and will leave the house
to their son or daughter with a learning disability.
In some cases the child can be given a ‘liferent’. This means they have the legal
right to stay in the house for as long as they are able even if some else inherits and
owns the house. So it would be possible to leave your house equally to all your
children but give your son or daughter the right to stay there for the rest of their live.
Of course this would mean that your other children could not share in the value of
the house until your son or daughter no longer requires it.
It is also possible to put the property into a trust. This would mean that your child
could stay in the house but that it would be managed by your chosen trustees.
It is important to take legal advice on the best option for you and your family. Think
about how your other children will be provided for if the house is not to be sold, how
care will be provided, whether there is an outstanding mortgage and how bills and
maintenance of the house will be paid.
You also need to think about whether your son or daughter could make decisions
about the house by themselves or whether an Attorney or Guardian would be
needed to make decisions on their behalf. Another decision is who will get the
house when your son or daughter no longer needs it.
“Is there anything I can’t do in my Will?”
It is important to know what your Will cannot do and to take legal advice on any
issues which still need to be sorted out. Your Will cannot:
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Control jointly owned property where there is a ‘survivorship destination’. For
example, the title deeds to your house may state that your half share
automatically passes to your surviving spouse on your death. Survivorship
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destinations are less common now but your solicitor should check how your
property is owned and advise you accordingly.
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Say who you would like to be your son or daughter’s guardian after you die
unless they are aged under 16. If your son or daughter is over 16 you should
consider whether there is another relative or family friend who might need the
legal right to make decisions on behalf of your son or daughter if they are
unable to make decisions themselves. For example, decisions about where
they live, what care they receive and how their money is to be managed.
Depending on the circumstances a trusted person could apply to the court for
a Guardianship Order.
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Control who will get the proceeds of some life insurance policies, pensions or
death-in-service payments. For example, you may receive a death-in-service
benefit payment from your employer. This will not necessarily form part of
your estate and may just pay our automatically on your death. Normally there
is a nominations form which you can complete to indicate who you would like
to receive the benefit.
“What is the best way to make a Will?”
Visit a solicitor who has experience in Wills and Trusts. Some people are tempted to
use a pre-printed form from a shop or off the internet. Although a cheaper option in
the short term this is not recommended, particularly where you are making provision
for a beneficiary who has a disability. The pre-printed forms are often based on
English law and will not take account of your individual circumstances, leading to
complications and expense later on. There are some basic legal requirements that
are needed to make a Will and doing it yourself will mean this rests on your
shoulders.
“What happens after I have made my Will?”
Once you have made your Will, it is important to review it regularly. Changes in your
life such as marriage, divorce, having another child and changes in financial
circumstances can all affect your Will. Also, you can change your Will at any time to
take account of changed needs or wishes.
You can make small alterations to an existing Will by adding an additional written
instruction (a ‘codicil’).
You need to keep your Will somewhere safe and let your executors know where it is.
It’s a good idea to keep the original Will at your solicitor’s office or at your bank, and
to have an extra copy at home.
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“Apart from my Will is there anything else I should be thinking about?”
If you are a near relative of a disabled person, it is important to consider what would
happen on your death to the money from any insurance policies. Will any money go
directly to the disabled person, or can it be put into a trust? How do you intend the
money to be used? Remember, you may have life insurance as part of something
else, such as an endowment mortgage or a pension plan.
Next steps
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Complete ENABLE Scotland’s ‘Making a Will’ workbook to
help you think about your wishes.
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Read ENABLE Scotland’s ‘Introduction to the Adults with
Incapacity Act’ to learn more about guardianship if your
son or daughter is over 16.
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Section 2: Setting up a trust
Setting up a discretionary Trust can help to avoid the problems outlined
above.
A Trust is simply a legal arrangement where money or property is managed by
people (the ‘trustees’) for the benefit of others (the ‘beneficiaries’).
Why set up a trust?
Trusts are often set up to provide for a vulnerable beneficiary.
The most common reasons are:
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To protect a person’s entitlement to means-tested benefits;
To protect against the risk of financial abuse;
To help manage large sums of money that someone might find difficult to
manage.
Who can set up a trust?
The trust can be set up by anyone who wishes to set aside funds to be used
for someone’s benefit.
The most common scenario is a parent setting up a trust in their Will for the benefit
of their son or daughter but it is important when planning for the future to think about
the whole family. Your trust can be set up to allow further sums of money or
property to be paid into it. Other relatives may wish to say in their Wills that an
inheritance for your child should be paid directly into the existing trust.
One example would be a parent setting up a trust during their lifetime with a nominal
amount of money, say £10. Grandparents could then write a Will and direct any
inheritance for their disabled grandchild into the existing trust. This can be better
than lots of different trusts operating or inheritance being received directly.
It is also possible for someone to set up a trust fund for herself or himself. This can
be useful if they want help to manage the money. In this case, the money in the
trust will be treated as belonging to the beneficiary and will be taken into account
when assessing entitlement to means-tested benefits and contribution towards
community care services.
When should you set up a trust?
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You can set up a trust in a trust deed while you are alive. Another option is to
include a trust as part of your Will. This means the trust will only start after
your death.
You may wish to set up a trust during your lifetime for the following reasons:
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To potentially reduce your inheritance tax bill;
To accumulate savings;
To receive inheritance for your son or daughter from other relatives or friends.
You may wish to set up a trust in your Will for the following reasons:
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The only money going into the trust is an inheritance from you;
Inheritance tax planning is not a significant consideration for you.
What type of trust should be set up?
Although discretionary trusts are often suitable for people with a learning
disability, there are various types of trust which can be used for different
purposes.
You will need to discuss your situation and circumstances with a solicitor, who will
advise you on all the options available to you. The most common types of trust used
for children and adults who have learning disabilities discretionary trusts or a
disabled person’s trusts.
Discretionary trusts
It is possible to put money into a discretionary trust for someone. Key points to note
are:
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There is normally a class of beneficiaries who can potentially benefit from the
trust. In other words, there is more than just one person who can benefit from
the trust. For example, you may set up a trust to benefit all of your children
and possibly grandchildren but you could leave instructions to your trustees in
a ‘letter of wishes’ that your child with a disability is the main beneficiary.
It is up to the trustees how and when the money is spent – in other words it is
at the “discretion” of the trustees;
The beneficiaries do not have an absolute right to the money – they must
apply to the trustees who then decide whether to make the payment or not.
As the beneficiaries are not technically ‘entitled’ to the money, the money in
the trust should not be taken into account when assessing whether they can
receive means-tested benefits.
The trustees can choose to buy things for the beneficiary’s benefit and
payments can reflect his or her needs at the time;
The assets will not be treated as part of the beneficiary’s estate on their death
for the purposes of inheritance tax.
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Disabled person’s trusts
This is a special type of discretionary trust that can be created for a person who is
incapable of looking after their affairs or is entitled to Disability Living Allowance at
the highest or middle rate. Key points to note are:
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Your child who has a learning disability would be named as the ‘primary
beneficiary’ of the trust;
Other beneficiaries, such as your other children, would be named in a
separate class of beneficiaries;
The primary beneficiary will then be entitled to the income of the trust,
although this should not affect their entitlement to means-tested benefits;
If the trustees decide to make a payment from the capital of the trust to any
one of the beneficiaries of the trust, they must make the same payment to the
primary beneficiary;
There are certain tax advantages to this type of trust whilst it is running but,
when your child dies, the trust will be taken into account for inheritance tax
purposes.
Discretionary Trusts and means-tested benefits
The Department of Work and Pensions (DWP) and local authorities normally
disregard the money in discretionary trusts when assessing a person’s entitlement to
means-tested benefits or their contribution towards community care services
(although this cannot be guaranteed). It is important to note the following:
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The DWP and local authority will normally take into account money actually
paid from the trust;
Trust funds should be disclosed to the DWP when making any benefits claim.
It will be up to the DWP to decide what to take into account;
If a person already ”owns” or possesses money and then puts it into trust, the
DWP will generally treat it as the person’s money, even where trustees are
controlling it.
Sometimes a person is left money by a relative who dies without leaving a Will. This
means the relative who died was “intestate”. In intestacy cases there are rules which
say how the money should be distributed. Certain relatives will have legal rights to a
share of the money.
The person you care for may be getting money from a deceased relative because he
or she has a legal right to a share of the estate. If this is the case, then even if that
money is now put into a discretionary trust, the DWP or Local Authority are likely to
treat the money as belonging to him or her. In this case the DWP or Local Authority
will take it into account in any financial assessments.
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If, however, the person who has a learning disability does not have a legal right to a
share of the estate, then those who do have a right to the money can gift money to
the person and put it into a discretionary trust. In this case, because the money
never legally belonged to the person with a learning disability, it should be
disregarded by the DWP or Local Authority. This is a complicated area and it is
essential that you take legal advice.
What can be put in a trust and how much?
You can put money, shares and/or property into a trust.
You should take advice on whether it is financially worth setting up a trust. If you are
thinking about setting up a trust, you need to think about how much money will be
required to look after the person who has a learning disability after your death, based
on their needs and their life expectancy.
Things to consider are money to pay for trips and holidays, clothes and equipment,
healthcare, extra support and even a house for them to live in.
It is probably not worth setting up a trust if your son or daughter’s inheritance (and
any other savings or income they might have) will not take them above the limits for
entitlement to means-tested benefits or personal contribution towards community
care costs.
You cannot get means-tested benefits (income support, income-related employment
and support allowance, income-based jobseeker’s allowance, housing benefit or
council tax benefit) if your capital or savings are above the upper limit of £16,000.
Your benefit will be affected if your capital or savings are above a lower savings limit
of £6,000. If your capital is between the lower and upper limits an income of £1 for
every £250 above the lower limit is included as your income.
When it comes to how much a person should contribute towards their community
care services local authorities should follow guidance issued by COSLA. If you have
any savings or capital, the local authority can assume an income from your savings.
COSLA suggests that this should be calculated in the same way as capital is treated
for means-tested benefits.
What can a trust be used for?
Trustees are normally given wide powers to decide how to spend money in the
trust.
It is difficult to predict the future and building in flexibility helps avoid situations where
the trustees cannot help because they lack the legal power to do so.
If you decide to set up a trust it is a good idea to leave the trustees a ‘letter of
wishes’ saying what you would like to happen.
The letter of wishes should explain:
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The reason for setting up the trust;
Guidance on how the trust fund should be used to help or protect your child
who has a learning disability;
How the remaining trust fund should be distributed after your child’s death.
The letter will not be legally binding on your trustees but it can help guide them in
their decisions.
If one of the purposes of the trust is to protect someone’s entitlement to meanstested benefits, the trustees should avoid using the trust to pay for everyday items
such as food or utility bills. These should be met from income (either benefits or
wages). If the trust is used to provide an income to someone who has a learning
disability this could affect entitlement to benefits. A trust should really be used for
the extras that enhance quality of life and that perhaps the parent has normally paid
for previously such as holidays, furniture, clothing and social activities.
Who will be the trustees?
The trustees are the people who will manage the trust. When you set up the
trust you decide who these will be.
Think about this carefully. Choose people who have a real interest in the welfare of
your son or daughter and who have the financial skills to manage the sums of money
involved. It is useful to have at least one trustee who knows the person benefiting
from the trust and also to have one trustee (such as an accountant, banker, lawyer
or professional trust management company) who can deal with accounts and
investments, where necessary.
It is always best to ask the person whom you would like to appoint whether they are
willing to act in this role before making your decision. You may wish to appoint:
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Family members;
Friends;
Professionals (such as your solicitor or accountant);
Institutions (such as a bank’s trustee service).
Only professional trustees can charge for their services. It is possible to name
‘substitute’ trustees who would take over if one of the trustees was no longer able to
fulfil their role.
What duties and responsibilities does a trustee have?
Trusts have legal requirements for their administration and management.
The role of a trustee is:
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To manage the assets of the trust, by investing the money or maintaining a
property;
To make payments to beneficiaries;
To prepare accounts for the money and property you look after;
To pay any tax that is due.
Trustees sometimes do much more than this and may be closely involved in the dayto-day welfare of a beneficiary. Trustees also have the power to ask others to carry
out tasks for them.
How do I set up a trust?
You will need to visit a solicitor to get advice on your individual circumstances
and to draw up the Trust deed.
ENABLE Scotland can only offer general information and help in this area. We are
not a legal firm offering legal advice and cannot take on individual clients. See the
next section for more advice on finding a solicitor.
What happens to any money left in the trust?
Most family carers want the money to be used during their son or daughter’s
lifetime.
However, think about what should happen if money is left in the trust when your son
or daughter dies. The money could go to other relatives or to a charity. This can be
set out in the trust deed and means you know that, whatever happens in the future,
the people or causes you care about will benefit.
If your son or daughter is over 12 and has enough understanding of what a will
means and what they are doing making a will (ie legal capacity) then you may wish
to state in the trust deed that the balance of the trust will form part of their estate.
Then your son or daughter can decide where they want the money to go after their
own death.
If your son or daughter cannot sign his or her name, or can only sign the first name,
or make a mark, this does not, in itself mean that they cannot make a will. A will can
be drawn up and then signed by a Notary Public on their behalf. A Notary Public is a
solicitor who has taken an oath and is able to ask people to swear or take an oath to
say that they are telling the truth. (When choosing a solicitor, check that they are
also a Notary Public).
If your son or daughter does not have capacity to make a wilI it is not possible for
someone else to make a will on his or her behalf no matter what other powers they
may be granted such as a power of attorney or guardianship order.
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Section 3: Finding a Solicitor
When thinking about the future it is important to talk to a solicitor who knows
about Wills and Trusts. Your solicitor also needs to understand the extra concerns
you may have in relation to your family member or friend with a learning disability.
Can ENABLE Scotland recommend a solicitor?
ENABLE Scotland is often asked to recommend local solicitors but it is not in a
position to do so. However, we have included a list of solicitors in our ‘Finding a
Solicitor’ factsheet who have indicated an interest or experience in legal issues
affecting people with learning disabilities and their families. This list is not
comprehensive and we recommend that you visit the website of the Law Society of
Scotland which holds a searchable database of all Scottish law firms. You will find
this at www.lawscot.org.uk. Choose the ‘Find a Solicitor’ option from the side
navigation bar on the homepage. You can search by the name of a particular firm or
solicitor, geographic location or type of law.
You can also contact the Law Society directly (26 Drumsheugh Gardens, Edinburgh
EH3 7YR, Tel: 0131 226 7411, email: [email protected]) and it will give you
the names of a few firms in your area – but again it will be unable to recommend any
particular firm.
Other families may be able to suggest solicitors with experience in this area – ask
around – especially if you are part of a local support group.
What to consider when choosing a solicitor
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Ask the lawyer what experience they have of the area of the law he or she will
need to use in your case. How many similar cases has he or she undertaken?
Check whether the firm offers Legal Aid and ask them if it covers the kind of law
needed for your case. Many children and adults with learning disabilities (and
sometimes their families) will qualify for legal aid but not all firms undertake work
on a legal aid basis. To find out more about legal aid and if you may qualify, or
where to find a legal aid solicitor, visit the website of the Scottish Legal Aid Board
at www.slab.org.uk. You can also contact the Legal Aid Helpline on 0845 122
8686, from 7am to 11pm on any day of the week.
Ask how much the work will cost and how long it will take. Often initial
consultations are free. You should be given a letter confirming the work to be
carried out for you and the rates to be charged.
Check what experience the lawyer has of communicating with someone with a
learning disability. If the person with a learning disability is going to be the client
(and not a parent or relative) is the lawyer willing to spend more time taking
instruction from someone with a learning disability and explaining things?
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Check if the solicitor is also a Notary Public. A Notary Public can sign legal
documents on behalf of someone who cannot make a signature but who
understands what he or she is agreeing to in the document.
How much will it cost to make a Will?
The cost of making a Will varies from solicitor to solicitor. It is important to ask your
solicitor for an indication of the cost when you first meet. The solicitor should give
you a ‘letter of engagement’ or ‘business terms letter’ setting out the work they are
going to do for you and the costs. Depending on your financial circumstances legal
aid is available to cover the cost of writing a Will.
A number of organisations and groups provide Wills to limited numbers of qualifying
individuals, so check if you’re entitled. The following are possible options but in
every case check exactly how it works as if it’s just filling in a template document you
will probably be better to consult a solicitor:
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A number of trade unions offer free or heavily discounted Will writing services
to their members;
A few employers may offer will writing as part of their legal services;
Writing a Will may be included in home insurance legal cover;
Charity based schemes – many charities offer solicitor Will writing schemes.
In return, while you’re not obliged to, they hope you’ll make a donation or
bequest (a donation in your Will) as part of it.
Will Aid – this is a UK
scheme which runs every November. Will Aid teams up with solicitors to
provide basic Wills. There’s no set fee but Will Aid hopes you’ll make a
donation. Find out more by visiting www.willaid.org.uk or phoning 0300 0300
013.
Wills Relief Scotland – this
is a partnership between Scottish solicitors and four Scottish charities
(ENABLE Scotland is not part of this scheme). Donations are given in return
for writing your Will. Find your nearest solicitor at www.willreliefscotland.co.uk
or phone 01631 5637373.
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Next steps
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Read ENABLE Scotland’s ‘Finding a Solicitor’ Guide for a list of local solicitors who
have indicated an interest in the legal issues which affect people with a disability.
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Section 4: ENABLE Trustee Service Limited
ENABLE Trustee Service is a specialist company which manages trusts for
people with learning disabilities, their families and carers.
Some families choose to appoint a professional trustee service like the ENABLE
Trustee Service. This may be because they do not know anyone who can act as
trustee or because they do not want to place this responsibility on a relative. In
addition, a trust company has knowledge and experience in running trusts. Although
there will be a cost for this, it means someone else takes responsibility for
administration, keeping accounts and dealing with taxation.
If you are thinking of doing this, ENABLE Trustee Service Limited can act as the
trustee of an individual trust that you set up with the company. They will work with
the beneficiary’s family and carers to ensure that they make the best financial
decisions for them throughout their lives.
We understand that you may wish to appoint a family member or friend as a cotrustee along with a professional trustee. This can provide a personal input to
management of the trust while leaving the professional trustee to deal with
everything else
Many professional advisors such as solicitors and banks provide Trustee services.
However we may be a better choice because:
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We understand the needs of people with learning disabilities.
We have a Board of Directors who support ENABLE Trustee Service and give
guidance to the Trustee Service Manager. The Board is made up of
volunteers with a wide range of expertise including parents of people with
learning disabilities, solicitors, a social worker and the chief executives of
disability organisations. They all give their time and expertise for free.
Any surplus made by ENABLE Trustee Service is reinvested by ENABLE
Scotland. This allows us to provide more services for people with learning
disabilities and their carers.
We do not set a minimum investment amount.
We employ an expert tax adviser
We take independent expert investment advice.
We offer a personalised and proactive service.
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Next steps
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Read more about the ENABLE Trustee Service in our
information booklet
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Section 5: Key Words
Beneficiaries
Codicil
Co-trustee
Discretionary Trust
Estate
Executor
Guardianship Order
Inheritance Tax
Intestacy
Legal Rights
Liabilities
Liferent
Means-tested
Benefits
Moveable Estate
Power of Attorney
Trust
Trust Deed
Trustee
Will
The person(s) or body who benefit from your Will and / or Trust.
A document that makes small amendments to, rather than
replaces, a previously signed Will.
A trustee of a trust when there is more than one trustee acting at
the same time.
A trust under which the trustees have discretion about how to use
the trust’s income and sometimes the capital.
Everything you own at the time of your death, after all the money
you owe has been paid.
The person(s) responsible for paying debts of the deceased and
then carrying out the instructions of a person’s Will or paying out
a person’s estate according to the laws of Intestacy if there is no
Will.
An order under the Adults with Incapacity (Scotland) Act 2000
from the Sheriff Court appointing a person to look after the
financial and/or welfare affairs of someone who is not able to look
after those affairs for himself or herself.
A tax that is charged on the value of your estate after your death
if the value is above the current inheritance tax threshold.
The legal term for when a person dies without having made a
Will. Legal rules say who receives the assets.
The right of your spouse and children on your death to a certain
amount of your 'moveable property', which means money, cars,
jewellery, antiques and so on, but not land or houses.
Any debts you owe (for example a mortgage, bank loan, credit
and store card debts and outstanding bills).
A right to use property (often a house) for the duration of a
person’s life. On death ownership of the property passes to
another person.
Benefits which are only paid to people with limited income and
which include income tax, housing benefit and council tax benefit.
All property apart from land and buildings so money, shares,
jewellery, cars, furniture, antiques, etc.
A written document which lets you say who you want to look after
your affairs if you are incapable of doing so for yourself. You
choose the person(s) you want to help you and decide what
powers the attorney should have.
A legal arrangement that allows a person or an organisation to
look after someone else’s money.
A written document recording the terms of the trust and choosing
the trustees.
A person or organisation who is appointed to manage the trust.
A legal document which sets out who is to benefit from your
property and possessions after your death.
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Section 6: Further help
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For further information about Wills and trusts, learning disability and related
topics visit www.enable.org.uk or contact ENABLE Direct on 0300 0200 101
Monday – Friday 9:00 am – 5:00 pm or email [email protected] .
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Contact ENABLE Direct to request any of the following factsheets:
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Making a Will Workbook;
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Finding a Solicitor;
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Introduction to the Adults with Incapacity Act;
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ENABLE Trustee Service information booklet.
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For more information on ENABLE Trustee Service contact us on 0300 0200
101 or email [email protected] .
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Contact the ENABLE Trustee Service about delivering a talk or workshop to
your group or organisation on Wills and trusts.
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Date information correct: October 2011
This information is given as guidance only and is not an authoritative guide to
the law. Individual circumstances can vary and people are advised to seek
advice if they have a specific concern or query.
Could you leave a gift to ENABLE Scotland?
Gifts in Wills are used to fund our campaigns to improve the laws and
services that affect people with learning disabilities and bring about long
lasting changes in education, equality and inclusion, and to fund our
support for family carers, and our employment and training programmes.
The legacy gifts that we receive at ENABLE Scotland are vital in ensuring
that we can continue supporting people with learning disabilities long into
the future. Any gift, no matter how small, really does make a difference.
© ENABLE Scotland – This factsheet may be freely copied as long as the source is
acknowledged.
ENABLE Scotland Charity no: SC009024
A limited company registered in Scotland No: 278976
Registered office INSPIRE House, 3 Renshaw Place, Eurocentral, Lanarkshire ML1 4UF
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