I have a client who has an eight year old with learning disabilities. In her view, it is not entirely clear the extent this will impact on him when he is older. Although I have explained the benefits to her of having a Vulnerable Persons Trust in her Will but she doesn’t want the additional cost and prefers to see how he is as gets older. She is putting the age of inheritance as 25 in her Will. He is her only child and would take 100% of her estate.
My question is that if she dies before he is 25 and does not get around to reviewing the Will, then will her trustees be able to take any action to protect the estate for him beyond 25 / set up a trust for him that would give him the protection he may need (if he meets the criteria for this at some point)?
Trent Wills & Estates