Burgess Thomson Lawyers

All Needs Protective Trusts

Wills & Estate Planning

leading legal experts in wills and estate planning

An All Needs Protective Trust may be a suitable option if you are concerned that a beneficiary under your Will has special needs and may have difficulty managing an inheritance. This situation may arise if the beneficiary suffers from a physical disability or mental incapacity, is of an advanced age or is a child, or suffers from an addiction. An All Needs Protective Trust would prevent the possible loss or misuse of an inheritance which is received as a lump sum. The beneficiary’s share in the estate would be held in trust with the trustee having the power to use the trust funds for the benefit of the beneficiary for the purposes specified in the Will. This may include things such as medical or education costs. The beneficiary will also have sufficient funds distributed to them to meet personal expenses. The Trustee must always act in the best interests of the beneficiary and the person you appoint should be someone you trust will do this. You will also have the power in your Will to specify who the residue of the trust fund proceeds go to after the vulnerable beneficiary passes away.

Burgess Thomson can help you protect a vulnerable family member by creating an All Needs Protective Trust. This is a sensitive and complex area of estate planning that we can guide you through with our specialist advice

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How can a trust protect against third-party claims?

Estate assets which are held in trust can be protected from third-party’s claims against the individual beneficiary. This is because the assets are held by the trustee for and on behalf of the beneficiary rather than the assets being held by the individual beneficiary themselves. This means the trust money of the beneficiary is protected from predatory behavior of another person, or creditors collecting claims. This is important when a beneficiary may be particularly vulnerable.

How do these trusts benefit children?

An All Needs Protective Trust is particularly beneficial for children because it enables the assets to be managed by the family for the benefit of that beneficiary. This may be useful when parents pass away and leave their estate to their children. Grandparents may be able to use these trusts to bequest payment of boarding school and tuition fees for their grandchildren. This is a more tax effective method of providing for the grandchildren’s education.

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