Wills and Trusts service

Mencap Trust Company manages trust funds for people with a learning disability, investing and protecting the money in a way that’s right for each family. They really get to know families and what a happy life looks like for their loved one – making the money available for the things they want and need. A not-for-profit, they offer low fees with no hidden costs. 

Mencap Trust Company has been working with families for nearly 50 years – find out how they can support yours.

In this situation the rules of intestacy will apply.

This means the government will be responsible for how your estate is distributed.

This may result in your wishes not being met. 

Leaving gifts outright can cause a number of problems for someone with a learning disability. Means tested benefits and support packages funded by the local authorities may be cut, leading to the inheritance being used to pay for these services until it runs out.

A new application for benefits or support packages will then have to be made with no guarantee they will receive what they were previously entitled to.

Inheriting a large amount of money, particularly at such an emotionally distressing time, can cause other problems. Your loved one may become susceptible to financial abuse from others or may lack the ability to deal with their new-found wealth.

Placing money in a Trust is a safer way to provide ongoing stability for your child. 

This is not advisable.

If a family member is left the money on behalf of your child, in the eyes of the  law  it is their money. This means that if they were to divorce, file for bankruptcy or manage their  finances  badly, the money would be classed as theirs and could potentially be lost.

Unfortunately, family  relationships  can also change over time and circumstances may change. 

Yes, this can be done, although it is strongly advised to leave the property within a Trust.

It is also advisable to leave additional funds for any maintenance and upkeep costs that may occur, as the chosen Trustees will be responsible for the upkeep of the maintenance of the property.

Families should think about how practical leaving a house to a child with a learning disability will be. It is always best to also think about the possibility of not being able to leave your house to your child. This could be because the child does not have the capacity to manage bills or rent. Other avenues should always be explored before you decide to leave a property to your child.

Your letter of wishes can state what you wish to happen to the property if it no longer becomes suitable for your loved one. 

A Trust looks after savings, property, investments and other possessions. It can be used straight away for the named persons, or they can access it once you pass away (dependant on how you have set up the Trust).

It is a formal transfer of assets (for example property, shares, cash) to other persons, who are known as ‘Trustees’ to hold on the terms that are set out by the person making the Trust.

A Trust offers more protection than only writing a Will, because Trustees have control over the Trust fund, not the person with a learning disability. Setting up a Trust is highly specialised and should only be handled by a qualified legal professional or Trust company with experience in this area. 

We cover Discretionary Trusts and Disabled Persons Trusts.  

A discretionary trust can be for a number of beneficiaries who would all benefit from the trust. It is flexible and can be changed to a disabled person’s trust if needed.  

A disabled person’s trust is specifically set up to benefit the ‘disabled person’. You can have other beneficiaries in the trust but no more than £3,000 or 3% of the value of the Trust Fund can be given to a person other than the disabled person each year.  

A Trust can either be created in your Will so that it only commences on your death, or it can be created in your lifetime and start immediately.

You can then leave a further sum of money to the Trust under the terms of your Will. Your solicitor will discuss this with you and advise you of all the options available to you. 

Anything can be put into the Trust – money and property are the most common.

These are then distributed as and when to beneficiaries of the Trust, which will include your child with a learning disability, by the Trustees.

The letter of wishes you will have written often acts as guidance for the Trustees. 

It is advisable to have a minimum of two Trustees per Trust. Their responsibilities include fully understanding the Trust Deed and following the terms of the Trust.

They must act personally, and all decisions must be unanimously agreed by the Trustees. Because the Trust only exists for the benefit of your child with a learning disability, every decision the Trustees make needs to be in the best interest of the beneficiary, and they are held accountable for any investments made.  

Over 50% of Mencap’s voluntary fundraised income comes from gifts in Wills and end-stop gifts from trusts.

These gifts allow us to be there for people with a learning disability and their families through every stage of their lives. They fund our Wills & Trusts Service, the free Planning for the Future webinars and advice that gives parents and carers crucial information to plan for the future of a loved one with a learning disability.

Without the kind people who support Mencap by leaving gifts in their Wills and Trusts, many of our services just wouldn’t be able to continue.

There are a number of ways to remember a charity. You could consider nominating Mencap as the final beneficiary of your Trust, after all other beneficiaries have passed away. After your loved one's lifetime, any funds left in your Trust would then go towards supporting Mencap's crucial work. Or you may prefer to include a gift to Mencap in your Will.

To make sure your kind gift reaches Mencap, please include our full name, address and charity number in your Will or Trust:

• Royal Mencap Society of 6 Cyrus Way, Peterborough, PE7 8HP.
• Charity Registration Number 222377