Wills and trusts - advice and support

[Rubytoo]

I have a will in place, and the execs are instructed to start a disabled persons trust for my son, upon my death. I have named family members as well as the solicitor to become trustees. My problem is all family members are fairly old, so… not an ideal set up - what would you advice to do in for setting up a trust, if I don’t have appropriate people to ask to be trustees?

[KatherineMiller]

Hi Rubytoo,

Many thanks for your question.

It’s quite common for people to be in the same situation as you, having a lack of family members to be Trustees.

As Trustees you can pick family, friends, professional people (for example, Solicitors or Accountants) and Trust Companies (for example, Mencap Trust Company).

If you are picking family or friends, they’ll act free of charge and are only entitled to reclaim out of pocket expenses, so things like telephone calls and travel costs. If you are picking professional people or a Trust Company they will charge and you should check and agree the charges before appointing them. The charges are paid from the Trust fund.

Its a personal choice who you pick to be Trustees, but please do remember that it’s a vital role in managing the Trust for your son and so its very important to pick wisely.

Kind regards

Katherine

[qwertymum]

Hi,
I’m currently filling in the forms to apply for deputyship for health & welfare for my daughter following a traumatic experience when her residential home took her to A&E.
Two quick questions - I’d assumed that this would be a simple thing, but looking at the conversations on here the applications are often rejected. Should I provide a witness statement explaining that we’re not always in agreement with her home? Maybe I should word it differently?
Also can I just clarify that as we’re only applying for H&W deputyship we pay the fees. Some of the guidance talks about the benefits that the client receives, but I think that’s only applicable if your applying for property and affairs?

[KatherineMiller]

Hi qwertymum

Each application for a Health & Welfare deputyship will vary depending on the circumstances but a witness statement is the best way of giving full details about your daughter’s situation and the issues you have faced with decision making. The statement is your opportunity to explain why you feel it is in your daughter’s best interests to be appointed as the deputy and be able to make decisions on her behalf. It is also possible to include witness statements from other people who may be able to provide additional information to the Court to support your application.

The proposed deputy does pay the fees for a Health & Welfare application. There is more information about fees and possible fee exemptions on the gov.uk website.

Kind regards

Katherine

[qwertymum]

Thank you very much for your quick reply. I feel more confident about completing the form now - I was afraid to go waffling on filling all the boxes with “Mum moaning”