| |
About the Child Brain Injury Legal Group
|
LEGAL FACTSHEETS
Wills and Trusts
Apart from the question of compensation other important legal issues can arise
where a child has suffered brain injury and in respect of which the firms in the Group
may be able to assist.
These include Wills and Trusts
Everyone should give consideration to making a Will. This is especially
important for parents of a brain injured child particularly if the child is going to be unable, as an adult, to manage their own financial affairs. The Will would need to consider such crucial issues as the appointment of guardians whilst a child is underage and the appointment of executors and trustees.
It may be quite inappropriate, in some circumstances, to leave funds direct to
a brain injured child. This could affect receipt of any means tested benefits
and may also unnecessarily involve the Court of Protection in England and the Accountant of Court in Scotland. It is quite possible to benefit the child without causing such problems by the incorporation in the Will of an appropriate form of trust. Depending on the parents' circumstances they may also wish to consider the creation of a lifetime trust. This is a complex area of law and it is essential that expert advice is sought.
back to other questions
|
