Discretionary trust funds

[cycle1]

I am in the process of making a will. I have 3 grown up children one , my eldest is severely disabled.
so I want to leave our house to the other 2 children so it won’t affect his benefits. I know there’s all scenario’s that could happen that could affect my eldest not getting his share. But a friend of mine has just told me that the council could contest the will and claim monies towards his care? Can they do this? I can imagine if I had a big estate £££ and leaving a lot of money , but I don’t. Would it be worth their while? Discretionary trust funds are so expensive to set up, it is beyond my budget.

[cycle1]

Sam101 is he still on the site?

[Dip]

You need specialist legal advice because there are a whole host of ‘scenarios’ - I doubt anyone on this forum can advise

[Pezza54]

A council may legally challenge a person who has given away assets to avoid paying care home fees for themself, wife or civil partner. A council cannot challenge a will when a severely disabled person does not inherit a fair share of their parents will. However, your son, with the help of legal advice and legal aid to employ a barrister may decide to challenge your will.
DLA in England is being replaced by PIP. PIP is not means tested.

[cycle1]

When you say;However, your son, with the help of legal advice and legal aid to employ a barrister may decide to challenge your will.
do you mean that a social worker would support him to do this .
he is in supported living by the way 24/7

[Pezza54]

At present, in England, the council pays towards supported living if a disabled person has less than £23,250 savings. From October 2025 this figure is increasing to £100k. Does this help you decide whether to leave your eldest son any money?

[Pezza54]

According to co-op legal services a will trust is not that expensive to set up, A will trust costs a lot more if a solicitor is employed to administer the trust.
Do you know any reliable relatives or friends who would be willing to act as trustee?

[twohoots]

At present, in England, the council pays towards supported living if a disabled person has less than £23,250 savings. From October 2025 this figure is increasing to £100k. Does this help you decide whether to leave your eldest son any money?

Wow. i never knew this. Thanks