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Wills, trusts and future planning

Planning what happens to money, property and care arrangements after a carer's death, or as the cared-for person's needs change, is often put off but can matter enormously.

Last reviewed
1 June 2026
Next review due
1 December 2026

Many carers worry about what will happen to the person they look after if the carer dies or becomes unable to care first. Wills, trusts and clear future plans can reduce that uncertainty.

Wills and leaving money to a disabled person

  • Leaving money directly to someone who receives means-tested benefits can affect their entitlement, so a specialist solicitor's advice is worth getting.
  • A discretionary trust can allow money to be used for a disabled person's benefit without counting as their own capital for means-tested benefit purposes, subject to the specific trust and benefit rules.
  • Make sure your own will names a chosen guardian or arrangement if you are the main carer of a child or adult who cannot manage alone.

Letters of wishes and care plans

Alongside legal documents, a letter of wishes explaining daily routines, preferences and important relationships can help whoever takes over care in future.

  • Include information on medication, communication needs, likes and dislikes, and key relationships.
  • Share the plan with a trusted person and update it regularly.

Checklist

  • Get advice from a solicitor experienced in disability and trusts before writing or updating a will.
  • Consider a discretionary trust if leaving money to someone on means-tested benefits.
  • Name a guardian or future carer in your will if relevant.
  • Write a letter of wishes describing routines, preferences and key contacts.
  • Review your will and plans after any major change in family or financial circumstances.

Common mistakes

  • Leaving money directly to a disabled relative without checking the effect on their benefits.
  • Not naming a future guardian or carer, leaving decisions unclear in an emergency.
  • Treating a will as a one-off task rather than reviewing it periodically.
  • Not telling anyone where important documents and plans are kept.

Organisations that can help