The Simple isn't always Straightforward!
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The Simple isn't always Straightforward!

by Dennis Gardener

Yesterday I saw clients who had no children and were leaving everything to nephews & nieces, no problems and all straightforward until I asked one of my stock questions "is anyone you are leaving anything to registered disabled?"

"Well 2 of our nephews have Aspergerrs and Autism" 

This put a whole different complexion on things. If these nephews become registered disabled and receive benefits as many on the spectrum do, they will be means tested and anything they have received from Aunt & Uncle's estate will be counted and this will be used up before benefits are awarded or if benefits already exist they will lose them until the majority of the monies received are used up with the likelihood that many of their own previous benefits will be lost.

So what should the Aunt & Uncle, my clients do? They could set up a Disabled Discretionary Trust for each of the boys allowing them to get the benefits from the estate in a trust fund should they become registered disabled, but should they do it now or later? (doing it now means its done & ready)

Yes, perhaps it may never be needed, or perhaps if they plan to do it later what happens if they die first or are no longer capable? All I can do is offer advice, the clients have to decide what they are happiest with. The simple isn't always so straightforward! 

"Before your deid use your heid!"

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  •  "Dennis Gardener was polite, respectful, discreet, informative and efficient. He provided me with excellent guidance and advice with regards to my will and Power of Attorney . He is a professional in every sense of the word. I would not hesitate to recommend" 

    Sheena Wright
  •  "We were given very detailed guidance on all aspects which we felt we needed to do in a way which was easily understood. At all times we felt completely at ease and able to ask questions as they arose. We were impressed at how quickly things fell into place as it is obviously a big subject. A very professional job! Thank you." 

    Mr N Wells and Mrs A Wells
  • "Dennis Gardener was polite, respectful, discreet, informative and efficient. He provided me with excellent guidance and advice with regards to my will and Power of Attorney . He is a professional in every sense of the word. I would not hesitate to recommend"

    Frederick Rainey