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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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After my death, my estate will pass to my three sons equally

Resolved Question:

After my death, my estate will pass to my three sons equally (about £60,000 each) One of my sons is in receipt of ESA, council tax rebate and housing benefit. He is unable to work due to lifelong Epilepsy and other mental health problems. I do all his negotiations with IR and our local Council, as he doesn't understand any of this. How can he benefit from my will without losing all his benefits? He would not understand his changed financial situation, or be able to cope with the changes involved.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

The simple answer is that you should go and see a local Wills Solicitor who can incorporate a specialised trust in your Will n respect of your Son who is in receipt of ESA. such a Trust will allow the Trustees (possibly your other 2 children) to decide how much money and what amounts, should be passed to your Son over time.

There is no point in you just preparing a Will leaving everything equally between your 3 children, as your one Son would lose all his means tested benefits, and the way to go, therefore, is via this Will Trust.

I hope this answers your question.

Kind Regards
AL
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