My name is Emma and I’m the Senior Wills and Trusts Officer in the Wills and Trusts service . We’re a team of three and our main aim is to ensure families and carers understand the importance of writing a will and setting up a trust for a loved one with a learning disability .

We run free webinars where we invite a legal professional to talk about discretionary trusts and disabled persons trusts, as well as the implications that can happen when you do not put these provisions in place.  

It’s so important that families know about the importance of wills and trusts if they are wanting to safeguard the financial future of their loved one with a learning disability. 

Did you know that an inheritance as low as £6,000 left directly to a person with a learning disability could affect their means-tested benefits and support packages? It could also leave them open to financial abuse from others. We speak with so many families who are anxious about their loved one's financial future – we make sure we can guide them as much as possible.  

Sadly, we also hear of many stories from families who did not set up a trust meaning their loved one received an inheritance direct which can have a terrible impact on their financial stability, as well as cause a huge amount of stress. It can also be a terrible burden for the family members to deal with who are left behind. 

What can happen without the right planning

We were recently made aware of a court of protection case where a person who lacked capacity received a direct inheritance from a family member. Unfortunately, the inheritance was not directed into a trust and so the person who lacked capacity received the money outright meaning their benefits were cut.

The family went to the court of protection to try and put the inheritance into a trust. But because the person had legally already received this inheritance outright, the court denied this request.

It’s very rare that the court of protection award this retrospectively, which shows how important it is to protect your loved one by setting up a trust in your lifetime for them. You can read more about the court case here.


How we can help

We really need to make sure all families and carers receive this vital information. If you or anyone you know would benefit from attending one of our free webinars, please sign up through the Wills and Trusts webpage.

Contact the Wills and Trusts Team:


Telephone: 0207 696 6925

We can:

  • Provide you with free information guides
  • Send lists of specialist legal professionals
  • Signpost you in this complex area of law