Drafting a Will is not an easy process

because it forces us to think of a time when we will be gone from this world. It is particularly difficult for parents who have children with disabilities / special needs. Some of the children might already be adults but because of the illness or disability, they are not able to look after themselves or their finances. They will always be dependent upon their parents.

It is therefore important that when a Will is drafted, the parents’ concerns are taken into account and we do our best to ensure that the Will addresses some of these. Not everything is enforceable by a Will but at least the Will should;  

• Create a testamentary trust for the child within the Will
• Consider having one of the family members as a co-trustee.
• Seek to prevent abuse or misuse of the funds for the child with special needs
• If the condition of the child is such that the child will never be able to work, what could a parent do to ensure that the child at least has life time income so that their basic necessities can be taken care of
• Consider where the child will stay when both parents are gone

Every one of us is different and we all have different preferences and our Wills should reflect this. However, we cannot rule from the grave but at least we can do our best to protect our children with disabilities/ special needs

Contact ThuthukaSA if you want help to draft your Will.