Making a will for learning disabled daughter

[Roswill63]

My daughter is 45 years old, she is autistic and living in supported housing. She has one brother who is not disabled in any way.

My husband and I are looking to refresh our wills and wonder where to go for good, solid advice. We feel that we have not had the best advice in the past from solicitors who do not specialise in this type of will.

Has anyone on this forum had experience or know how to about finding a suitable solicitor, or know of any who show empathy for special needs clients? We are in central southern England.

[Jofisher]

I did a trust for my son so it doesn’t affect his benefits. Speak to the mencap helpline and the carers association they should also be able to advise you

[Roswill63 in reply to Jofisher]

Thank you - I will look into that 🙂

[Gus56]

I have a son with significant learning disability and a daughter who does not. I drew up a blind trust with the help of a local solicitor. I live in Sussex if that is any help to you. You might find more information from MENCAP.

[Roswill63 in reply to Gus56]

Thank you so much for your reply. I have been in touch with MENCAP who used to publish a list of solicitors specialising in the ‘disabled’ field, but sadly, no longer do so.

[class9F]

Blake Morgan used to have the necessary expertise. They used to be on the Mencap list and advised on some of their leaflets when I worked there about 15 years ago when they were known as Blake Lapthorn. They have offices in Southampton, Oxford, London. Not the cheapest around but probably worth paying for sound advice

[Roswill63 in reply to class9F]

Thank you for your advice. Blake Lapthorn is a well known firm in our local area so I will definitely be sounding it out in the next few days. 🙂

[1946timmy]

years ago I went to a talk by Mencap about Wills, I would advise checking with them if they still give this advice, we set up a Discretionary Trust which my daughter will be responsible for. At that time the advice was you can’t leave the disabled person out of your will otherwise SS can contest this. Hopefully Mencap still give advice on the best type of will for you.

[oddfish7]

Without recommending any, here are some names I've come across.

There is an association of solicitors for the elderly - SFE - which also focuses on law for vulnerable people in general. Their website lists numerous firms.

Gunner Cooke gunnercooke.com ran a seminar recently for Mencap on wills and trusts. The partner was Fiona Dillon. It was a helpful seminar.

Irwin Mitchell is another well known firm.

Boyes Turner also.

It's a question of who you feel happy with.

good luck with your search. It's rather unhelpful that Mencap no longer provide information on this.

[anonymous-28 in reply to oddfish7]

I also found the seminar with Fiona Dillon very helpful.

[Roswill63 in reply to anonymous-28]

Thank you. I have booked an appointment to attend an online seminar on Thursday this week. 😊

[White25]

I believe you can set up a trust fund, you need 2 trustees, so they can go to the supported living and make sure that the money is spent on your daughter, I did ring a solicitor but I cannot remember what they said to me, I think my situation is a bit different to yours, if I hear any more I will let you know.

[Roswill63 in reply to White25]

Thank you so much! I am investigating all possible avenues of information and, hopefully, will come to a successful conclusion.🤔

[FragileXmum]

Hello, I would recommend speaking to the Mencap Wills and Trust department. They can give you some excellent guidance and they also have a list of recommended solicitors for different part of the country who are experienced in these complex matters. We have also booked into a couple of their online webinars which have been helpful.

[Roswill63 in reply to FragileXmum]

Thank you for your kind reply. I have booked a place on one of Mencap’s online seminars and hope to learn more valuable information. 🤔

[MaxandCyd83]

Hello, I have a sister who has learning disabilities. When my mum and dad did their wills, they probably also used Mencap's list and used a solicitor specialising in this. There is a discretionary trust for her; I and a partner in the firm will be trustees. The other trustee could be my husband but if something happened to us both then I don't know where that would leave my sister. Both parents have now died and we are going through probate. The solicitor I saw - who did not draw up the will but has obviously done this before - was really helpful in explaining the process and that it's not the same as a trust fund. I am so glad my mum and dad sorted this - knowing DWP and social services can't touch this and she is safe financially is great. The firm in question is in Yorkshire or I would pass on their name. All the best

[Roswill63 in reply to MaxandCyd83]

Thank you for your very comprehensive reply. It is much appreciated. Sadly, we are a few hundred miles from Yorkshire but I hope we can find help from a very knowledgeable solicitor, such as you have experienced. 🙂

[BarbaraGood]

my husband and I are currently in the process of making wills to go alongside a Disabled Persons Trust. We are using Renaissance Legal and I can highly recommend them so far. Good luck in your search.

[Marzano]

We also used Renaissance Legal for this and would definitely recommend them. We were introduced to them via a Mencap seminar, which we found very reassuring. All face to face meetings were carried out via the internet, so distance was not a problem. We found them extremely knowledgable, efficient and helpful. Hope all goes well whoever you choose.

[Roswill63 in reply to Marzano]

Thank you for your kind suggestion. I am exploring all avenues! 🙂

[InclusiveZoom]

Because of your suggestions I have also phoned them and we have a face to face meeting booked with Renaissance Legal - thank you!

[CynthiaLai]

Renaissance legal are specialist lawyers who sent up disability trusts and they come highly recommended by people in the sen community. They have also seem to be affiliated with mencap. We used Pickering legal who were also pretty good but yes generally you do need specialist lawyers to set this up who know what they are doing

[Roswill63 in reply to CynthiaLai]

Thank you for your kind suggestion. I am looking into it. 🙂