What can you do if you want to leave assets to someone with a mental disability? You can set up a trust which where the settlor (i.e. you) creates a trust by giving the property a trust fund. The settlor chooses trustees who then hold the trust property (along with any income from it) on behalf of one or more beneficiaries. The trustees have the discretion to decide how the trust assets should be used to benefit the beneficiaries.

Trusts are particularly useful for people who need looking after and might not be able to manage their finances themselves. Specific trusts are available for disabled persons and such trusts are flexible as they are able to adapt to the beneficiary’s changing circumstances and any future needs that might arise. The trust can be created during your lifetime or through your Will so that it takes effect on your death.

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