Some parents who have children with learning disabilities consider leaving their child’s inheritance to another relative or friend to look after. This can be quite a responsibility to place on your relative or friend and we would not recommend this. Although your chosen person may love your child dearly and can be trusted implicitly, life and circumstances can change. Your chosen person may find it difficult to fulfil their role, perhaps if they move away from your child or become incapacitated in some way. Your child could also be disadvantaged if your chosen person divorces, becomes bankrupt, dies without making a Will or fails to make provision for your child in any Will they do make.
In Scotland, children have a legal right to inherit a share of their parents' estate. If you do not leave money to your child with a learning disability, there is a risk that another relative or even the local authority could contest your Will. This could be distressing for your child at an already difficult time. Setting up a Trust can help you to avoid these difficulties.