How to Support a Child With a Disability in Your Will

18^th November, 2025

Parents of children with disabilities face unique considerations when preparing a Will. Beyond dividing assets, careful planning ensures your child’s long-term wellbeing. You must address daily care, accommodation, medical needs, social inclusion, and financial security.

Why Direct Inheritance Can Be Risky

Some parents leave the majority of their estate to other children, expecting them to care for the disabled sibling. However, this approach can create complications. Siblings may pass away or struggle to manage complex financial responsibilities. Therefore, leaving property directly may unintentionally place your child at risk.

Testamentary Trusts: Protecting Your Child

A Testamentary Trust allows appointed trustees to manage your child’s assets responsibly. This approach can prevent mismanagement and ensure resources are used appropriately. You might consider:

• Trusted family members or friends
• Professional trustee companies
• Advocates familiar with your child’s needs

Furthermore, appointing multiple trustees can distribute responsibilities and reduce reliance on one individual. This arrangement helps safeguard your child’s financial security.

Special Disability Trusts

Special Disability Trusts (SDTs) are designed for children with physical, intellectual, psychiatric, or behavioural disabilities. They provide for care, accommodation, and everyday expenses while preserving eligibility for government benefits. Assets in an SDT can include:

• Cash, shares, or managed funds
• Property or specialised accommodation
• Medical equipment or mobility aids

By establishing an SDT, you can protect your child from financial uncertainty and help maintain essential support services.

Planning Steps

Before creating a trust, consider consulting:

• Healthcare professionals for long-term care needs
• Financial planners for investment and asset management
• Estate planning lawyers to ensure legal compliance

You may also explore alternatives such as All Needs Protective Trusts, which offer flexibility for families whose children may not meet SDT eligibility.

Secure Their Future Today

Proper estate planning ensures your child’s needs are met and reduces stress for the family. At Castrikum Adams Legal, we help draft Wills, Testamentary Trusts, and Special Disability Trusts. We help parents and carers of a child with a disability in the Northern Rivers and surrounding areas, including Ballina, Byron Bay, Bangalow, Murwillumbah, and Lismore.

By seeking professional guidance, you can provide lifelong care, financial security, and peace of mind for your child. Start planning today to ensure their future is protected.