2010 - 2017
Making a Will is not about wealth it is about making sure that what you want to happen to your estate does happen. It gives you the opportunity to specify such things as who will administer your estate, who will care for your children and who will receive specific items of your property.
There are some situations in which it is not possible to leave a beneficiary large sums of money in his own right.
This may be due to the beneficiary's fondness for gambling, drug addiction or some form of mental incapacity. In other circumstances, it may be due to the perceived influence of another person in his life.
A major difficulty in leaving money to someone who lacks the mental capacity to handle his affairs is the fact he cannot give a valid receipt and discharge to the executors. The interaction with state benefits may also be a consideration.
There are a number of solutions and the route chosen may depend on several factors. For instance, if the intended beneficiary is already the subject of a receiving order under the Court of Protection, the Court will give directions as to the investment of the legacy. In that event, no special considerations arise for the will-drafter other than what amount it is wise to give.
If the intended legacy is only small, it may be acceptable to give it to another person in the will and entrust that person to use the money for the beneficiary's benefit. This may be done by a secret trust or a half-secret trust. A secret trust is one where the legacy is left to a named person absolutely but he has agreed with the testator that he takes the money for another person.