Legal Rights
Many people think that they have complete freedom to leave their assets to who they wish in their Will. This is not strictly true. There is a rule in Scots Law known as "legal rights". This means that certain members of your family have a right to part of your estate. Legal rights apply whether you have a Will or not.
It is especially important to write a Will if a member of your family has a learning disability. Even if your child would not be able to manage a lump sum of money without help or it would affect their entitlement to means-tested benefits they are still entitled to share in your estate.
You should speak to a solicitor about how best to leave an inheritance to your child. By writing a Will and perhaps taking some extra steps to set up a trust you can ensure your family member or friend with a learning disability will get financial support and protection when you are no longer around to provide it.
For more information about Trusts please click here.