The Importance of Wills for the Parents of Autistic Children (or Children with Other Types of Neurodivergence)
Autism is a neurodivergent condition which affects how someone communicates and interacts with the world. More than one in one hundred people are on the Autism spectrum. There are thought to be around 700,000 people in the UK who are autistic although this figure is thought to be far higher as many people live their whole lives undiagnosed. An autistic person can face social and communication challenges, repetitive and restrictive behaviours, sensory issues, extreme anxiety and meltdowns or shutdowns. Neurodivergence is believed to be genetic and can often co-occur with other neurodivergences such as ADHD, Dyslexia or Dyscalculia. The abilities of autistic individuals vary greatly, and each individual has their own unique set of talents and challenges.
Whilst the month of April provides wonderful opportunity to advocate for inclusivity, promote awareness, and acceptance in our communities and workplaces, it also acts as a reminder to parents to consider what would happen to their neurodivergent loved ones following their own death.
Whilst none of us like to dwell on such a morbid topic, it is one that comes to all of us! As Benjamin Franklin once said “In this world there is nothing certain, except death and taxes” a perhaps depressing but true statement!
Making a Will is one of the most important legal document a parent can create during their lifetime but for parents with an Autistic child or children having a Will in place often creates an even greater significance, as it allows for the proper care and management of assets for neurodivergent children (both adult children and minors), who may have specific and complex needs. A well drafted and professional Will can give peace of mind to parents concerned about their child’s/children’s future when they are no longer around.
A Will can act as a crucial safety net that ensures that dependents, including those who may not be able to fully manage their own financial and legal matters, are looked after in accordance with the deceased’s wishes
If a person dies without leaving a valid Will the Intestacy rules automatically apply to the deceased’s estate. This means that the assets in the estate are distributed in accordance with the law in England and Wales,and can lead to unintended consequences and unnecessary stress on the family; such as a vulnerable child having to vacate the family home which could have been avoided if the parent had put a Will in place. Or it may be necessary for a family member to make a claim under The Inheritance (Provision for Family and Dependents) Act 1975. Such a claim can be stressful and expensive. It may also cause an irreparable rift in the family and lead to permanent estrangement for the surviving family members. A Will carefully planned and drafted could avoid these issues arising and give the parent peace of mind during their lifetime.
Additionally, if a family member is reliant on state benefits due to complex needs consideration should be given to setting up a trust. A trust can be created during a person’s lifetime but most commonly included in a Will to come into effect on death. A trust could take a discretionary format or a disabled persons trust, if the right circumstances and requirements apply. Careful thought needs to be given to the most suitable option and is dependent on an individual’s circumstances. A trust can be a very useful tool to give flexibility in relation to a child’s changing or future needs.
How can Jefferies help?
Making a Will is a simple process which Jefferies Solicitors can guide you through. We discuss options at the initial Will Instruction meeting prior to us drafting your Will so that you understand what options are available to you. We then send your draft Will for you to approve (any amendments or afterthoughts can be included at this point), and once you are happy, we arrange for you to come in and sign (we provide the witnesses) and ensure that your Will is legally binding and executed correctly. We will then store your original Will for you, if you wish, and provide you with a copy to keep at home and register your Will with the National Wills Register as part of our service.
If you would like to discuss making a Will or estate planning contact our Wills and Probate Team directly on: 01702 443 484.
This article was provided by Kym Clarke, Head of Wills and Probate at Jefferies Essex LLP.
The contents of this article are for the purpose of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.