A wills and probate solicitor’s guide to providing for a loved one with disabilities after you’ve died.

Are you a parent, partner, or caregiver of someone with disabilities? One of the most frequent questions that others in your position often ask us is: What will happen to them when I’m gone?

This question can feel overwhelming, but thoughtful planning can transform any fears into peace of mind and ensure that your loved one continues to live with dignity and security long after your death.

Helen Freely, a wills and probate specialist at Branch Austin McCormick, provides support to help you manage the common anxieties and fears we’ve helped others navigate.

Estate planning when you have a loved one with a disability

People with disabilities often rely on a combination of personal support, community services, and government benefits. These benefits are frequently measured according to an individual’s means, often referred to as means-tested, meaning that receiving an inheritance outright could unintentionally disqualify them from essential services like healthcare or housing assistance.

Depending on the needs of the loved one you’re concerned about, they may require lifelong, intensive care or be able to live independently with minimal support. Any plan you make must be tailored to their abilities, needs, and aspirations; not just their diagnosis.

Will writing and letters of wishes

Before you draft legal documents, it helps to step back and define your vision for your loved one’s future:

• Where should they live?
• What kind of daily support do they need?
• What brings them joy, comfort, and meaning?
• Who do they trust?

Writing a Letter of Wishes can be invaluable. While not legally binding, this document explains your loved one’s routines, preferences, medical history, social connections, and values. For future caregivers or trustees, it becomes a roadmap to understanding the person.

Disabled Persons’ Trusts

One of the most important tools in disability planning is a Trust, which separates the legal ownership from the beneficial ownership of the assets.

A properly drafted Trust, guided by a wills and probate solicitor, allows you to set aside money for your loved one without jeopardising their eligibility for government benefits, managing distributions for approved expenses such as:

• Education and training
• Therapies and medical services not covered by insurance
• Transportation
• Recreation, hobbies, and travel
• Technology and assistive devices

Choosing the right trustees is critical. This may be a trusted family member, a professional, or mixture of both. The ideal combination of trustees understands the beneficiary’s financial management and human needs.

Dos and don’ts of planning

Do

Build a circle of support: a small group of people who commit to staying involved in the person’s life, and ask yourself questions about care as well as financial stability, such as:

• Who will check that care providers are doing their job?
• Who will speak up if something isn’t right?
• Who will help them navigate major life decisions?

Don’t

• Leave money directly to a person with disabilities in a will
• Name them as a life insurance beneficiary without a trust
• Rely on informal promises, such as asking a sibling to “take care of them”

Seeking professional guidance

Navigating these hurdles can be challenging, but a wills and probate solicitor experienced in disability and estate planning, along with a financial planner familiar with special needs considerations, can help ensure that your plan is legally sound and truly protective.

With thoughtful preparation, you can leave more than money behind; you can leave stability, advocacy, and the assurance that your loved one will continue to be cared for in the way you intended.

Please contact Helen Freely (hf@branchaustinmccormick.com), an experienced wills and probate solicitor at Branch Austin McCormick, for advice tailored to you and your family’s needs.