From the Desk of the DG – GDPR

By | Admin | No Comments

There is a lot of misleading information going around about the interpretation of the rules surrounding GDPR, and like a lot of professions, professional Will Writers, have neither been considered by Brussels when the Act was first drafted and from what I have seen and heard the people, being employed as professionals, to advise us are no wiser as to how we work and the size of the majority of our organisations. I have, over the past two weeks done little other than lobby everyone I know, and some I don’t know to get a definitive answer as to whether we would find ourselves in deep water (there is another phrase I could have used) but taking everything that has been told to me, including information from the ICO, as long as we are following the spirit of the Act, that is not misleading the public or using data we…

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Disabled Person’s Trust

Disabled Person’s Trust

By | Trusts | No Comments

A Disabled Discretionary Trust (also known as a Disabled Person’s Trust or a Vulnerable Person’s Trust) can be utilised where a child or other relative has a disability. There are essentially two reasons why a trust is considered advisable for disabled beneficiaries. If this person inherits from a Will directly, their entitlement to any means tested benefits could be affected. Alternatively, depending on the exact disability, the beneficiary disabled person may be unable to manage a large sum of money due. If that person also lacks mental capacity and does not have a Property and Affairs LPA, it is likely that an application would have to be made to the Court of Protection to appoint a Deputy. This is a lengthy and expensive process and incurs ongoing costs and should be avoided. A disabled person’s inheritance should therefore be placed into a Disabled Discretionary Trust. The disabled beneficiary is the…

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Setting up a Will-Based Trust After Death

By | Trusts, Wills | 2 Comments

It has been brought to our attention that there are some misconceptions in regards to what action needs to be taken for a Will-based trust after the death of the Testator. The following article is intended to clarify these points. A trust in a Will, such as a Protective Property Trust, Flexible Life Interest Trust or Discretionary Trust, is not automatically set up on the death of the client. The Will trust is not itself the trust, it is more of a direction that a trust of those terms is set up upon the client’s death. There are further actions which need to be taken by the executors upon the Testator’s death in order to set up the trust and clients should be made aware of these steps. A formal trust deed would need to be drawn up on death to create the trust. This will most likely refer to…

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