Writing a Will, leaving house do disabled child

LULULU1

My brother has asked for some help from this forum regarding his will if possible, please.

He owns his own house and has approx. £40,000.

He has 5 children all grown up with youngest being 22. Sadly Nigel (22 year old son) is severely mentally and physically disabled and when my brother passes away one of his daughters has said she will look after her disabled brother.

He wants to share his money with all of the children and somehow leave the house to Nigel to live in whilst his daughter looks after him.

If she’s decides not to do this the house will be divided amongst all 5 children with Nigels in trust.

How would he go about writing this into a will.

Many thanks for any help. Really appreciated. I hope I've explained it correctly.....

comeandgo

What’s wrong with getting a solicitor to help?  They’d be able to ask questions and put scenarios to you that you’d not probably thought about.

JGB1955

You definitely need to spend less than £400 on getting a water-tight will written.

Marmaduke123

This definitely needs a solicitor to advise and to write your brother's will.

theoretica

He needs to get this professionally written, and by a lawyer with specific experience in trusts and disability.  Possibly a disabled person trust is what is needed here.

Would that particular house actually be the best choice for son to continue to live in?  Would being left the house in trust, but little money leave the son and daughter cash poor and struggling to pay for things like house upkeep, heating...

Mojisola

LULULU1 said:

My brother has asked for some help from this forum regarding his will if possible, please.

Sadly Nigel (22 year old son) is severely mentally and physically disabled

If there is a charity that covers his son's disabilities, they may be able to offer advice and suggest experienced solicitors.

Alphatauri

I believe MENCAP may be able to help, but as per the other posters you need to get legal advice. You could also look at whether selling the home and buying a suitable property e.g. sheltered accommodation is an viable option.

doodling

Hi,

Sorry if this is a rather oblique answer.

Whilst I applaud the decision of the daughter who has offered to care for the disabled son, I would be doing everything in my power to reduce or eliminate that burden.

I don't know the family dynamic but leaving a (presumably) 20 something year old woman to what could be a lifetime of care for her brother is not something to be done lightly (or, ideally at all).

I would make provision for the disabled son on a stand alone basis, giving the daughter (or any family member) the option of caring for.him but also making sure that she doesn't feel obliged to do so.

Be careful that any provisions in a will don't inadvertently create a trap for the daughter (e.g. you get free housing if you take care of the brother) - it is very easy for someone in that position to end up trapped after a few years e.g. when they realise that they've spent the money they would have saved up for a house and they are stuck.

theoretica

He also need to ensure that the will would work if the son is not living in the father's home at the time of his death. Whether the home is still owned or had been sold. And think about possibilities before going to see the solicitor to make best use of time there.  If the father's health deteriorates, he may well be unable to care for his son himself for either a short or long period before his death.

xylophone

You should see a solicitor expert in wills and trusts.

https://www.mencap.org.uk/advice-and-support/wills-and-trusts-service?gclid=EAIaIQobChMI2OSf89uf_gIV1u3tCh31kwxfEAAYASAAEgLK2vD_BwE

LULULU1

Thank you all so much for your help.

He is seeing a solicitor but thought it worth asking on here in case there was something he needed in advance of any solicitor.

Really appreciate everybody's help...