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Advice & Help, Ref, protecting my finances, Trusts, Insurance when I pass away

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  • Advice & Help, Ref, protecting my finances, Trusts, Insurance when I pass away

    I am in the process of drafting my will, ITs not complicated, as everything I have will go to my brother that I care for, in our joint family home. I have asked Executors who are willing to carry out the will wishes.
    1] So all my lifes savings etc, collections goods, share of home, should go to my brother, but as he has adult learning disability issues, the social wont let him stay here and will put him into care. Doe sthat mean I will lose everything as they will take it all apart from what he will be allowed to keep
    2] How do I place it in Trust, so that they cant use the property or finances as part of his assessment costs
    3] If I took out a life policy now for over 60s, to pay funeral costs or whatever, would social take this money as well.

    Sorry if I sound silly, but I have worked very hard to build up my savings , private pensions etc, that have nothing to do with the social, when they take him into care, bad enough he will lose his brother and only family member he has now, let alone all the goods, property money That he should have
    Tags: None

  • #2
    There are times when good professional advice is an excellent investment.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Atticus is right. Professional advice definitely required.
      Trusts are available for the disabled but they are complex
      Please read the article "Trusts for Disabled People: a guide including HMRC and Tax Issues" at www.mercianaccountants.co.uk
      The pros and cons of these type of trusts are discussed in the article

      Comment


      • #4
        thank you PEZZA54 and ATTICUS, maybe you are right

        Comment


        • #5
          So far I have drafted My Last Will & Testament, and understand that there are 2 types of Trusts in relation to my brother with adult learning disability issues, 1]

          Comment


          • #6
            The article referred to in post 3 points out the advantages of a discretionary trust for the benefit of a disabled person. In addition to tax advantages, the disabled person's benefits are ring fenced and their assets protected.
            You state you have drafted your will. Have you named trustees? They need to be reliable, amenable, and made aware of the responsibilities they are agreeing to

            Comment


            • #7
              If you do decide on a discretionary trust, you could write a Letter of Wishes addressed to the Trustees, marked confidential and attached to the will
              This letter is your opportunity to advise the trustees how you want the trust managed. For example prioritisation of payments from the trust

              Comment

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