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Any recommendations for a solicitor with experience in handling wills involving a disabled child

(11 Posts)
LinseyM Wed 15-Jun-11 10:19:56

Its been niggling for a while so we've finally got round to looking into writing a will....however, our daughter is disabled and this seems to throw up a whole new set of legal issues when it comes to will preparation. I was wondering whether anyone could recommend a solicitor who has experience with this type of situation. Ideally, they would be local to us (much prefer face-to-face conversations; we're Woking/Weybridge, Surrey area) but happy to receive any suggestions, especially if its been a good experience!


bigbluebus Wed 15-Jun-11 10:32:57

Can't recommend a solicitor but I think Mencap can give advice on this if thats any help.
We wrote our will a number of years ago with our disabled daughter in mind. We were advised to leave everything to go into a 'discretionary trust' in the event that we both die before she does - as she will not be capable of looking after herself at any stage of her life so would undoubtedly go into the state system. The 'trust' arrangement ensures that the state don't get their hands on our assets but my daughter (and my son) will be able to get money from it for certain things as set out in the trust deed and approved by the trustees (who are all family members and friends that we trust). Upon the subsequent demise of my daughter, the trust would dissolve and any remaining assets pass to my son (as long as he is 23).
Hope that helps - definitely something to get professional advice on but any good solicitor should be able to help with this.

bigbluebus Wed 15-Jun-11 16:30:15

Just wanted to bump this one as I think it is a very important issue that we all avoid thinking about.
Link to Mencap advice here :

If anything tragic to you as parents and your DC unfortunately ends up in state care, would you want all your DCs share of your money to go to the state too?

bigbluebus Wed 15-Jun-11 16:31:13

Sorry that should read 'if anything tragic happened to you

BakeliteBelle Wed 15-Jun-11 17:32:36

I went to a good talk by a solicitor (it was something to do with MENCAP) but I was quoted £600 for a Will. According to that recent series about making wills, they should only cost about £100. Has anyone any idea how to get a cheap Will made as I can't afford it. Even with funding via Cerebra (not available when I last asked) it brings the price down to around £300.

Seems like us parents are even penalised when we die!

nadia77 Wed 15-Jun-11 18:10:17

have you thought about your bank? my bank offers will writing service (barclays)

uniquekidzmum Wed 15-Jun-11 18:34:15

Hi we had a chap from a firm called Pannone in Manchester come and talk at a parents group. You need to set up a discretionary trust , otherwise any money you leave will affect your child's benefits. mencap do one but they charge quite a lot for managing it .

We have been planning to sort our out for ages - with 2 kids both with SEN we need to but we keep putting it off, I think we will go to Pannonne as it's quite a complex and specialised thing. Some parents at meeting had spent a lot doing their but it was all wrong.

bigbluebus Wed 15-Jun-11 19:28:49

nadia77 not sure how much Barclays will charge - can't imagine that Banks will be the cheapest. Mine was done by a bank at reduced rate as I worked for them at the time. However, we appointed the bank as joint executors to the will so they will get their pound of flesh out of the estate when we die.
Would recommend ringing around solicitors and asking about costs but make sure you explain the will might have to include a discretionary trust (as that probably makes it more expensive than a straight forward will.

sphil Wed 15-Jun-11 20:42:44

We are in the middle of doing ours. Have been quoted a max of £240 including the discretionary trust. But we are in Somerset, so probably no use recommending our solicitor!

Triggles Thu 16-Jun-11 07:08:44

We just paid approximately £50 to update our previous will. Thankfully, our older DD (24yo) is happy to be named as guardian of our 2 little ones should something happen to us, and is happy to take over care of DS2 into adulthood as long as is needed. We have a clause in our will that states that if either DS2 or DS3 are not able to manage their money themselves, that DD will be appointed trustee of their inheritance and will be responsible to making sure they have reasonable and sensible access.

It is a bit of a mine field. I'll have to look into the "discretionary trust" thing and see how different it is from what we've got set up now.

Ben10isthespawnofthedevil Thu 16-Jun-11 07:31:46

If you have a Barclays Additions Active or Premier Life account then the will writing service is free.

I have one from them as I work for them so got it free IIRC and I have to say that it was very easy. Mine at the moment is a basic mirror will where he gets my money and I get his and if we both go then DS gets anything - not that we have anything grin

Here's the link and it does say that they will do more complex wills ie Discretionary Will Trusts but the fee would vary from the standard fees on the list that are charged if you don't have one of the accounts above.

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