Wills and trusts

Leaving money in your Will, or a trust, can be a way of supporting disabled people for years to come.

If you have a member of your family is disabled, Wills and trusts are the best ways of making sure that, after you’ve gone, any money, possessions or property you leave to your family member will be safe and secure for their lifetime.

Another way you might choose to support disabled people in the future could be leaving money in your Will to a charitable organisation like Sense.

This page covers why you should write a Will, what it should include, using solicitors, the different types of trusts, appointing trustees, how trusts work and why they are probably in your family member’s best interests.

This information is based on the law in England and Wales.

If you are interested in leaving a gift to Sense, you can find more information here.

On this page:

Wills

A Will is a legally binding document. By leaving a Will you can:

  • Make clear what you want to happen to your estate (your property and money) after you die.
  • Name your executors – the people you want to carry out your wishes.
  • Name guardians – people you want to take health and social care decisions for your disabled family member with complex needs while they’re under 18 years old. The guardians may also look after your family member.
  • Name trustees – the people you want to manage property and money you have left to someone in a trust.
  • Include a letter of wishes to guide your executors and trustees. Unlike a Will, a letter of wishes is not legally binding.
  • Make gifts of money or property to friends.
  • Leave money to charity.
  • Make your funeral arrangements.

Why should I write a Will?

It’s important to leave a Will. If you die without making a Will, this is known as “dying intestate”.

The rules of intestacy, whether or not you have children, will then apply to your estate. These vary depending on:

  • Where you live in the UK.
  • Whether you are married or in a civil partnership.
  • What joint ownership you have of property and/or money.

What should I include in my Will?

You should take into account:

  • Your property, if you own it, and its likely value at the time you die.
  • The value of the contents, particularly any special belongings or collections.
  • Cars, bikes, computers and sports equipment.
  • Bank and building society accounts.
  • Other savings, e.g. National Savings Certificates, Premium Bond, ISAs.
  • Other special items, e.g. family jewellery or things of sentimental value.
  • Digital assets such as digital music collections, crypto currency and social media accounts.

Do I have to use a solicitor?

No, you don’t have to have a solicitor to write your Will. However, as a Will is a legal document, it needs to be written and signed correctly.

A poorly drafted Will can cost your estate thousands of pounds if there are arguments about your assets or the Will after you have died.

If you have a family member with complex needs and need a trust, you will need qualified assistance.

How do I find a solicitor?

You could find a solicitor using the Law Society website, or by calling them on 020 7242 1222.

If you’d like to leave a gift to Sense in your Will, you may wish to use the Sense Free Will Service. 

How much does a solicitor cost?

A simple Will may cost a few hundred pounds, while one involving trusts, overseas properties or tax planning can cost much more.

Always be clear with a solicitor exactly what you want them to do and check what their fees will be before you get them to do any work. Solicitors have a responsibility to be transparent and upfront about likely fees.

Can I leave money or my property to a disabled person?

Leaving money or property to a disabled person isn’t always straightforward, especially if the person doesn’t have capacity to make decisions.

For example, it can affect their means-tested benefits. 

So, it’s important to get expert advice.

One way round the complications of leaving money and property to your disabled family member with complex needs is to set up a trust. 

What is inheritance tax and how does it affect my Will?

Inheritance tax is taken from your estate after you pass away and before gifts are given to the people named in your Will. Gifts to registered charities are usually exempt from inheritance tax and can help reduce any tax that may be due.

It’s important to talk to a solicitor who understands your tax situation, and you can keep up to date on the latest information by visiting the HMRC website.

Where should I keep my Will?

It isn’t necessary to register your Will with any authority, but you should make sure it’s kept in a safe place.

You should also let your executors know where it is so that they can find it easily.  Most people ask the solicitor who drew up their Will to keep the original and give them a copy.

Trusts

If you want to leave property or money to a disabled family member with complex needs, a trust is an effective way to:

A solicitor can help you to set up a trust and advise you on what to include in it.

Again, check with the solicitor what their fees will be for setting up a trust before you get them to do any work.

Appointing trustees

You can choose between two and four people as trustees to manage the money or property you are leaving to your family member with complex needs.

You can also say how you would like them to manage the trust.

Trustees can be: 

  • Family members and friends, but ask them if they are willing to do this before you see a solicitor.
  • Professionals, such as solicitors or accountants, who will charge for their services. 

Types of trust

Your solicitor will explain the types of trust to you in more detail and guide you to the right choice for you. These include:

Discretionary trust

A discretionary trust gives flexibility to use your assets (property and/or money) as and when needed to meet the needs of your disabled family member with complex needs, without affecting means-tested benefits. 

Disabled person’s trust

In some situations, a disabled person’s trust might be better to use if your family member with complex needs qualifies for this type of trust. 

They can be named as the principal beneficiary and the trustees can ensure the trust supports them. 

The rules relating to a disabled person’s trusts and taxation are complicated, so if you are considering one, talk to a solicitor first. 

Lifetime trust

Putting a trust in your Will means it takes effect only after your death. For some types of assets such as pensions, death in service and life cover, this wouldn’t work. 

A lifetime trust is a type of trust you can create while you’re still alive. It also gives you the flexibility of other people paying in. This could be a discretionary trust or a disabled person’s trust. 

Always take specialist advice from a solicitor before setting up a lifetime trust. 


This content was last reviewed in January 2025. We’ll review it again in 2027.