Wills for Disabled Children UK: Trusts & Planning

What this document is

A will for a family with a disabled child is a standard last will and testament, drafted with additional provisions that reflect the needs of a vulnerable beneficiary. In most cases, rather than leaving a direct gift or share of the estate to the disabled child, parents leave the relevant share into a trust.

The trust holds the money or assets, and trustees use them for the child's benefit according to instructions the parents set out. The most commonly used structure in England and Wales is a discretionary trust, sometimes called a disabled person's trust where the beneficiary meets specific statutory criteria.

These structures are designed to protect eligibility for means-tested benefits and local authority support, because the assets belong to the trust rather than to the individual. They also protect against risks such as financial abuse, poor decision-making capacity, or a future loss of capacity.

The will works together with a letter of wishes, which guides trustees on how the parents would like funds used in practice.

How to use this document

1. Take stock of your family and finances. List your children, note any care or capacity issues, and add up your assets including property, pensions, savings, and life cover. Think about who already supports your disabled child, what their daily needs look like, and whether they currently receive means-tested benefits or local authority funding.
2. Decide on the structure for your child's share. For most families with a disabled child, a discretionary trust within the will is the preferred route because it keeps assets outside the beneficiary's personal means assessment. Consider whether to use a disabled person's trust, which can offer tax advantages where the beneficiary meets the statutory definition, and think about how the rest of your estate should be divided.
3. Choose your trustees and guardians carefully. Trustees will manage the trust fund for your child, sometimes for decades, so pick people who are financially literate, trustworthy, and likely to outlive you or be replaceable. If your child is under 18, you will also need to appoint guardians. Many families choose a mix of a family member and a professional trustee for balance.
4. Write a clear letter of wishes. This sits alongside the will and guides trustees on how you would like the trust fund used, for example topping up care, funding holidays, paying for equipment, or supplementing but not replacing state support. It is not legally binding, which is deliberate, as it allows trustees to adapt to future changes in benefits rules or your child's circumstances.
5. Have the will drafted, signed, and stored properly. The will must be signed in the presence of two independent witnesses who also sign, following the formalities in the Wills Act 1837. Keep the original somewhere safe, tell your executors where it is, and review the will whenever your family, finances, or the law around benefits and trusts changes materially.

Common questions