I’m Emma, Mencap’s Wills and Trusts
manager
A manager is a boss at work. They tell you what you need to do and give you support if you need it.
, and recently I have been made aware of people using artificial intelligence (AI) to write a will and set up
a trust
A Trust looks after money for a person or a group of people.
for a loved one with a
learning disability
A learning disability is to do with the way someone's brain works. It makes it harder for someone to learn, understand or do things.
. I know this may sound like an easy and affordable option but it’s vital families and carers are aware of the devastating consequences this could have if the correct provisions are not put in place for your loved one.
AI is being used more and more frequently in everyday life. It can help write emails, answer questions and even generate what looks like a legal will in seconds.
But when you're planning for the future of a loved one with a learning disability, it’s always a good idea for a will or trust to be written, created and set up by a legal professional.
Using a legal proffessional keeps your wishes secure, legal and correct, meaning your loved one's financial Financial means anything that is to do with money. It is used to describe how people, businesses, or governments get money and how they use it future is protected when you are no longer here. That’s why Mencap’s Wills and Trusts service A service gives people what they need, like healthcare services that help people when they are ill, and support services that give people support. exists – to support and guide you on the importance of writing a will and setting up a trust so you have peace of mind your loved one will be able to continue living the life you have built together.
I know every family has different circumstances in day to day lives which is why expert advice is vital. AI cannot fully understand your own family circumstances, your loved one's support needs, or how decisions today could affect their future access to means-tested benefits, care and financial security. While an AI-generated document may look professional, it may contain mistakes, missing information or wording that doesn't reflect your wishes which you may not notice, but a legal professional can pick up on them instantly.
For many families and carers of a loved one with a learning disability, a standard will isn't always enough. A direct inheritance could affect means-tested benefits, support packages and could leave your loved one susceptible to financial abuse Abuse is when someone bullies you and does or says something to you that makes you feel hurt, upset or scared. .
Specialist trusts such as a Discretionary Discretionary means it is up to somebody to decide if you get something. trust1 or a Disabled Person’s trust2 are often needed to protect a person with a learning disability’s financial future by directing inheritance into a trust so it is managed in the right way and doesn’t impact on the support you have already set up.
As you can imagine, getting these arrangements wrong can have serious consequences, including the loss of means-tested benefits or a lack of safeguards around how the money is used. The legal fees involved Involved is being included in something or taking part in something. in trying to fix a badly drafted will or trust can be significantly higher than the cost of having the will or trust drawn up professionally in the first place.
I recently heard of a case where a father had written his own will himself, including details of a trust for his child who had a learning disability. The father thought he had saved himself a lot of money by doing this himself and his family were none the wiser and did not challenge this at the time. Unfortunately, when the father passed away, the wording of the will meant the trust was not set up properly, leaving the family to pay thousands of pounds trying to correct it, but there was nothing that could be done. It’s awful to think this may have been prevented with the right legal advice.
A qualified legal professional can take the time to understand your circumstances, provide tailored advice and ensure legal requirements are met. AI does not do this, so if something goes wrong there is usually no professional responsibility Responsibility is managing or being in charge of something. or protection. Using a regulated and insured provider means that, if a mistake is made, there are more options for your loved ones to put it right. Those options not usually available if you use AI to do it yourself.
If you take one piece of advice from this blog, please let it be this: AI does not always replace specialist legal advice. The decisions you make today could affect your loved one's financial security,
independence
Independence means doing things on your own. Making your own choices.
and quality of life for many years to come, so make sure you make the right choices. If you find the thought of planning for the future overwhelming, please reach out to the Mencap Wills and Trusts team. We can help make your next steps easier to understand and give you peace of mind.
When it comes to protecting the future of someone with a learning disability, it's always a good idea to seek professional
guidance
Guidance means being given clear instructions to be able to do something well.
and have a conversation with someone who understands both the
law
Laws are the rules that everyone in the country has to follow. If you don't follow the rules you can get in trouble with the police.
and the realities families face every day.
Mencap’s Wills and Trusts service can provide you with a list of STEP (Society of Trust and Estate Practitioner) qualified legal professionals in your area. STEP indicates a high level of expertise in wills and probate. The legal professionals also have experience Experience is when you have learned or tried something before. of supporting families of a person with a learning disability in writing a will and setting up a trust. If you would like this list, please contact Mencap's Wills and Trusts team and tell us which county you live in.
Sadly, my team often hear from families who have not put the correct provisions in place, so we fully understand the stress and impact this can have on families and carers who are left behind, as well as the loved one with a learning disability. We are passionate about making sure families and carers have what they need to plan ahead so please do not hesitate to reach out if you need support.
A Discretionary trust is a flexible trust that can be for a number of beneficiaries (such as your children and/or family). It can be changed to a Disabled Persons trust if needed.
A qualified Legal Professional can advise you in much more detail as the choice of Trust depends on your personal circumstances.
A Disabled Persons trust is a trust that benefits 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 qualified Legal Professional can advise you in much more detail as the choice of Trust depends on your personal circumstances.
*figures correct on the first date this article was published: 05/08/2026.
Contact the Wills and Trusts team
It can be daunting to take the next steps to secure your loved one’s future. If you’d like guidance contact our Wills and Trusts team.