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Old 01-23-2008, 02:12 PM
italkcash italkcash is offline
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Default Why make a trust?

By making a trust you can leave money for the benefit of a family member or friend with a learning disability. The trust means that they do not have to worry about the responsibility of looking after the money in their lifetime.

Put simply, a trust is a binding arrangement under which a person gives money or property 'upon trust' to another person or persons (who are known as 'trustees'). The trustees use the trust fund for the benefit of an individual or group of individuals (who are known as 'beneficiaries'). The trustees are then duty-bound to look after the trust fund for the beneficiaries. These arrangements are usually set out in either a trust deed that you make before you die or your will.

A trust is a useful way to provide for a person with a learning disability who may not be able to handle money left to them outright, or who may be vulnerable to pressure from other people. The trust introduces a degree of protection because the trustees are in control over the trust fund.
If an adult with a learning disability is entitled to means-tested state funding, but is also a beneficiary of a discretionary trust, the money that they will potentially get from the trust fund is not included as "relevant capital" when they are being assessed for means-tested state funding. However, this is not true for all trusts.

So it is very important that you discuss the type of trust and how it affects any entitlement to state funding with a solicitor before you decide which trust to choose.
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