Tips for writing a Will for a child with special needs

For families of children and young adults with developmental or intellectual disabilities, future planning is an important and often emotional process. One of the biggest concerns parents and caregivers face is: What will happen to my child if I am no longer around?

This is a valid and heartfelt question. While it can feel overwhelming, making a clear and thoughtful decision will helps ensure that your child receives the care, protection, and financial support they need throughout their life.

This guide offers important pointers to help you begin the process of writing a will, especially if you have a child with disabilities.

Start with a clear picture

Before writing a will, begin by understanding your financial and personal situation.

1. List your assets and liabilities
   Include everything you own: property, savings, insurance policies, investments, valuable items. Also list all debts, loans, or other financial responsibilities.
2. Decide how you want to distribute your assets
   Think about who will inherit what. This includes your spouse, children, and other family members. Be specific about the items or amounts you want each person to receive.

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  Specific planning for a child with disabilities

  If you wish to leave a larger share of your assets to your child with disabilities, that is completely your decision. Be clear in your will about:

  • The exact amount or assets your child will receive
  • Whether these assets should go directly to your child or to a trust created for their long-term care
  • Your reasons for leaving a larger share for your child with disabilities. This avoids confusion or disputes later.

  Also, clearly mention your child’s disability in the will. This helps ensure that their needs are recognized legally and they receive appropriate support.

Consider setting up a trust

A trust is a legal arrangement where assets are managed by someone (called a trustee) for the benefit of another person (called a beneficiary). In this case, the beneficiary would be your child with disabilities.

You may choose to create a minor trust if your child is under 18 or a special needs trust for long-term financial care. A trust can provide a steady income, pay for therapies, healthcare, education, and daily living needs, without affecting your child’s eligibility for government benefits.

Clearly mention in the will if you want certain assets to go into the trust, and who will manage it.

Plan for all family members

Families can sometimes be complicated. If you are in a second marriage or have children from previous marriages, take time to plan carefully and fairly. Discuss these decisions with your spouse and consider everyone’s future needs.

Also, decide:

• Will other children receive their share directly or through a trust?
• Will your spouse inherit all remaining assets or a portion?
• If a child has passed away, will their children inherit their share or will it be redistributed?

Decide on a Guardian

If your child is under 18 or will need support in adulthood, you should name a legal guardian in your will. The guardian will take care of your child’s personal needs like health, housing, education, and emotional well-being.

It is essential to:

• Talk to the person before naming them in your will
• Get their written consent
• Decide whether the guardian will also manage your child’s finances or only personal affairs. If a trust is in place, the trustee can handle the financial responsibilities while the guardian focuses on personal care.

When will your child receive their inheritance?

You may choose a specific age or event when your child receives their share of the inheritance. Until then, a minor trust or special needs trust can manage their financial care.

Make sure to include:

• Who will manage the trust
• What expenses the trust should cover
• How the money should be used for your child’s benefit

Write a clear, valid will

• Avoid unclear or conflicting instructions
• Include a certificate from a doctor confirming you are of sound mind while writing the will
• Sign every page of the will
• Inform your executor (the person who will carry out your will) and provide them with a copy
• Review and update your will every three to four years or after any major life changes like a new child, marriage, divorce, or major financial changes
• Take legal advice to make sure your will follows all laws and protects your child’s rights
  

Include a family plan

A will is only one part of your future plan. You can also prepare:

• A simple handwritten note that includes your child’s routines, likes and dislikes, medications, and important contacts
• Emergency numbers for caregivers
• Details of healthcare providers, therapists, and support professionals

This can be extremely helpful for whoever steps in to care for your child.

Get Support

You do not have to plan alone. Nayi Disha’s Know Your Rights (KYR) program offers support to families planning for the future. You can access helpful resources on:

• Government schemes
  
• Legal rights
  
• Financial planning
  
• Guardianship
• Special needs trusts

• Let the executor know about your Will so that he/she is aware
• Re-draft the Will every 3-4 years  to accommodate any changes  that may have occurred
• Sign on every page of the Will
• Take professional help to validate what you have written

DISCLAIMER: Please note that this guide is for information purposes only. Please consult a financial advisor for any legal consultations or advise pertaining to your  financial planning needs.

If you’re seeking more information and guidance on this topic and related areas, Nayi Disha’s Know Your Rights (KYR) Program is here to support you every step of the way. By joining, you’ll gain access to valuable resources on government schemes, benefits, financial support, legal rights, and more, all aimed at securing a brighter future for your child. To learn more, visit our chatbot by clicking this link: https://bit.ly/4dJVCP3, or simply type ‘KYR’ on our helpline number 844-844-8996.