Making provision for a disabled child in your Will can be a difficult matter. How much of your estate should you leave the disabled child in comparison to your able bodied children? Who should the trustee be and on what trusts should your gift for the disabled child be left?
It is important to note that once your disabled child becomes eighteen (18) such child shall come under the supervision of the Adult Guardian and if when you have died, the Adult Guardian forms the view that you have not made adequate provision for your disabled child, then the adult guardian might well instruct the Public Trustee to bring a Family Provisions Application against the estate. Springwood Lawyers is able to talk you through these issues and provide you with advices, including with respect to the pros and cons of Special Disability Trusts.