Why Simple Wills Aren’t Always Appropriate

While two of the children were financially independent, the third had severe lifelong learning disabilities and lacked the mental capacity to manage her own finances. She had always lived with the deceased and relied heavily on her for care and support.

Under the will, this child became entitled to a £200,000 inheritance. However, due to her incapacity:

• She could not legally manage or control the funds herself.
• The inheritance risked affecting her eligibility for essential means-tested state benefits and care support.
• The lump sum would be legally inaccessible and unprotected without intervention.

To protect the vulnerable beneficiary’s interests, the family was forced to urgently apply to the Court of Protection for the appointment of a deputy to manage her financial affairs. The process:

• Was legally necessary but time-consuming and costly.
• Placed a significant emotional burden on the family during an already distressing period.
• Could have been entirely avoided with appropriate estate planning.

Had the deceased taken professional advice, her will could have included a discretionary or vulnerable beneficiary trust. This would have:

• Ensured the inheritance was properly managed for the benefit of the vulnerable child.
• Protected access to means-tested benefits and services.
• Avoided the need for Court of Protection involvement.
• Provided clarity and peace of mind for the whole family.