Will making basics

More Info

When Professional Help Is Essential - Children With Disabilities

By Stacy Taylor Written on:

There are some situations in which it is not possible to leave a beneficiary large sums of money in his own right.

This may be due to the beneficiary's fondness for gambling, drug addiction or some form of mental incapacity. In other circumstances, it may be due to the perceived influence of another person in his life.

A major difficulty in leaving money to someone who lacks the mental capacity to handle his affairs is the fact he cannot give a valid receipt and discharge to the executors. The interaction with state benefits may also be a consideration.

There are a number of solutions and the route chosen may depend on several factors. For instance, if the intended beneficiary is already the subject of a receiving order under the Court of Protection, the Court will give directions as to the investment of the legacy. In that event, no special considerations arise for the will-drafter other than what amount it is wise to give.

If the intended legacy is only small, it may be acceptable to give it to another person in the will and entrust that person to use the money for the beneficiary's benefit. This may be done by a secret trust or a half-secret trust. A secret trust is one where the legacy is left to a named person absolutely but he has agreed with the testator that he takes the money for another person.

What next -Read on

Free Will Sample download

see: Making a will - The Law Society. Please note that will making differs in Scotland and this website currently deals with English laFree Will download


Perhaps you might consider taking legal advice from a solicitor about making a will if any of the following apply to your circumstances:


  1. A number of people could make a claim on your estate when you pass away because they depend on yourself financially
  2. You want to include a trust in your will (perhaps to provide for children, to save tax, or simply protect your assets in some way after you become deceased)
  3. Your physical and permanent home is not in the UK and / or you are not a British citizen
  4. You live here in the UK but you have additional property abroad
  5. You own all or part of a UK business.

see: Making a will - The Law Society. Please note that will making differs in Scotland and this website currently deals with English law.

Will Making in the Media

  • Make A Will Week - The ChristieYou can send us an email if you want to know more about what how we publish information and the oppotunities we may have.

    Want to be a published authorWe publish articles on this site if they fulfil our requirments. more>>