Setting up a Trust with Mencap

I am thinking of setting up a trust with Mencap for my 38-year old son who has Asperger syndrome. He is highly intelligent, and functions well in some ways, but cannot live completely independently, nor organise the practicalities of life. It would be a discretionary trust set up to be used both in my lifetime and afterwards - other family members will be able to make payments into the trust or leave legacies to it, for example. I understand that Mencap has to be one of the beneficiaries, but I don't yet know to what extent.

Mencap has confirmed that they include people with Asperger syndrome -whether high-functioning or not - in the scheme, and are sending me an information pack. My question is - are there any of you out there who have done this with an adult child with Asperger syndrome, and what is your experience of it - the benefits and drawbacks? I can think of several of each - for instance, the difficulty of selling the idea to my son in the first place! It's a pity that the NAS do not do something similar.

Best wishes

Liz

  • Thank you so much for this very helpful reply. It makes things a lot clearer

    Best wishes

    Liz Petty

     

     

  • Dear Liz

    I thought I would answer some of the questions you have raised in your post about setting up a trust with Mencap Trust Company Limited. The main beneficiary of the trust is your son with Aspergers, whom you would name in the standard trust deed as "the primary beneficiary", but in order for the trust to be classed as a "discretionary trust" other beneficiaries also need to included in the trust deed alongside your son - and therefore the class of beneficiares in clause 1 of the trust deed includes " all charities whose objects include the assistance of persons with a learning disability (including Mencap)". However under clause 6 of the trust deed, you are able to nominate where any residue of the trust fund should be distributed on the death of your son (for example, any other children or grandchildren, other family members or charities). Under clause 7 of the trust deed, Mencap is included as the ultimate beneficiary should no one named in clause 6 of the Deed survive your son. If you have any further questions about how the trust will run, please do not hesitiate to contact the Mencap Trust Company directly. Thanks.

  • Hi Liz,

    Does look like you're right and that we don't provide administration for trusts. We do have some information available on the website which you might helpful though.

    There is our article about Leaving money to a person with autism
    http://www.autism.org.uk/get-involved/leave-a-legacy/leaving-money-to-a-person-with-autism.aspx

    And we have a free guide available concerning wills and trusts. Details of how to order can be found here -
    http://www.autism.org.uk/Get-involved/Leave-a-legacy/Guide-to-wills-and-trusts.aspx

    So it'll be really interesting to hear of other's experiences but hopefully there's some information here that might be helpful.