Need a solicitor with experience in Wills etc for o... - Mencap

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Need a solicitor with experience in Wills etc for our community

RosaBanks
RosaBanks
15 Replies

Hello, great to have this community contact. I have an adult daughter with autism and wish to work out solutions for her help for when I am gone... as Im old and ill. I know Mencap has a very good 'Will and Trusts' resources which can be downloaded but I could really do with an actual list of lawyers/solicitors experienced in this area and in my region (in my case--Cambridge /East Anglia). I have had no luck in my calls and emails to Mencap on this. Does such a list exist? Any suggestions welcome.

15 Replies
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adgjl

Hi Rosa, The Wills and Trusts team at Mencap will send you a list of solicitors in your area if you contact them: 0207 696 6925 or email willsandtrusts@mencap.org.uk

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RosaBanks
RosaBanks
in reply to adgjl

Thank you adjil. In the end I did get that list from Mencap just today. Dont want to be a moaner/groaner but it all looks SO difficult. The 3 names mentioned in my city are really high up persons, clearly dealing with v wealthy clients. They do not mention disabilities in their profiles of expertise.£5000 seems to be a minimum quote for expertise in wills and trusts etc in this area . I would be very grateful to hear of members success or difficulties in this area so we can learn perhaps a bit from each other. We parent/carers need to talks about our deaths in detail! Or rather what happens after...

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adgjl
adgjl
in reply to RosaBanks

Hi Rosa, it may be worth you contacting the solicitors. It may be that they haven't thought to list all their areas of expertise. What are the carers' services like in your area? In Torbay, they run free Wills and Trusts advice sessions from time to time for carers as it is really important that things are set up as you want them to be.

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RosaBanks
RosaBanks
in reply to adgjl

Thanks for your ideas. I'll try and check things out.

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Charlie2750
Charlie2750Community friend
in reply to RosaBanks

Hi Rosa and welcome to Mencap community. A lot of solicitors dont or may not actually do the ground work which they might leave to their legal clerks or whatever so dont be put off by that.There may not be solicitors that deal with disabled because the issues that we have are not unique to the disabled.We ,my wife and I have a 32 year old son with severe learning disabilities and we arranged to have a trust set up which means our main assett, the house, will be divided between our three sons.A trust is just a part of the will that says put it in an account, which would be the trustees or solicitor and they dish it out bit by bit. This is called a Discretionary Trust and becuase it is in a separate account it,The Trust Fund, does not belong to the disabled person and cannot be included as their capital and therefore does not affect their benefits.It is called a discretionary trust because the Trustees which could include a family member have the discretion to give the money for something specific such as a holiday. Mencap do trusts etc but they charge for the service which by the way sounds good because someone from their trust team would visit to check on the beneficery from time to time and this is of benefit where someone may not have relatives.

Please realise that I give this information and I think this is correct but someone may come along later with a bit more info

Good luck

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RosaBanks

Thank you Charlie, this is very good and specific info.advice which is useful for me. I would like to discuss with Mencap about them setting up a Trust for me, if they do that, but, for some reason Im finding it hard to get that communication going. Also, in my mind, it makes a big difference if the team or its member is local to us... and can be visited directly. Sounds like you have got things sorted for your family... thats so good you have got to that stage and can get on with living so to speak. Thanks again

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forgetmeknot

Hi Rosa, try the Law Society web site. They have a list of Solicitors and their areas of expertise who may be able to help. Think about ones under "Family Law" they may be easier to approach if your not too sure. Don't be intimidated, it has to be done for your and your daughter's peace of mind and wellbeing. Best wishes.

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RosaBanks

Thanks for all your help and ideas everyone.

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JacksDad

Hi RosaBanks

You're right, Mencap does have a good Wills and Trusts resource, and they can set up a Trust for you, but it will follow the Mencap template, and I believe they will only allow Mencap Trustees. If you want a trust with maybe some of your own family members, or friends or others you can trust, then a Mencap trust is not for you. I'm sure an admin person will correct me if I'm wrong :-)

You could try looking for a STEP solicitor in your area - the Society of Estate Trust and Practitioners - who have expertise in setting up the sort of Discretionary Trust that might work for you. When I searched their website for Cambridge, I came up with 35 results; see: step.org/search/members/?f%...

Best wishes

JacksDad

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RosaBanks
RosaBanks
in reply to JacksDad

Thank you JacksDad for taking the time to help. All taken on board! Best wishes to you too.

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lailamencap

Hi RoasBanks and others,

Great to see the information you have shared on this thread :-)

I work in the Wills & Trusts Service so thought I would clarify some points. We provide information on Wills & Trusts including solicitors lists, and we also run free seminars around the UK - You can find upcoming events at

mencap.org.uk/willsandtrust...

The solicitors lists we supply are all ones we recommend as we have had contact with at some point and are STEP qualified. As JacksDad quite rightly said you can also look on the STEP website for other solicitors with this qualification. Our team are always happy to talk things through with you as you go through the process of finding a solicitor and setting up your Trust. Our number is 020 7696 6925. Our materials and seminars provide information on the different options when setting up a disabled persons or discretionary trust, regardless of whether you choose to nominate your own Trustees or go with Mencap Trust Company, who may or may not suit your families situation. Mencap Trust Company are not for profit and their site is mencaptrust.org.uk/ and tel no. is 020 7696 6932

Please feel free to contact us if anything is unclear or you just want a friendly voice to talk through your options with you - that's what we are here for :-)

Thanks

Laila, Wills & Trusts Service

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Harry_mencap

Thank you for your most important post. Please get in contact with Gina in our Wills and Trusts Service at Mencap on this number 0207 696 6925. They will be able to give you the details of lawyers in your area.

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RosaBanks

Thanks--- in contact now.

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-Rich-

What is the average cost for setting up wills and trusts?

I did get the list of solicitors from Mencap a couple of years a go but didn't proceed any further. Unfortunately I was made redundant and although I am now working again my income has dropped and I can't afford to spend thousands on solicitors.

We need to put our house and life assurance policies in to trust for our son who has severe learning disabilities, just in case the worse happens. I'm just wondering what our options might be if we can't afford solicitors.

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crazysquirrel

Hello Rich. As I understand it - you can't really do this yourself as it is really complex. I'm afraid it does cost a lot, we got quote of about £1000.

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