Published on: 5th October 2026

Making Provision In Your Will For A Vulnerable Person

Anyone making a Will does so to ensure that their loved ones benefit from their estate when the time comes.  Under “normal” circumstances a Will lists beneficiaries and the percentage of an estate they are due to receive and that is exactly what happens when the estate of the deceased is administered.

In some cases it is not prudent for a beneficiary to receive their inheritance directly if they are deemed to be a “vulnerable person”.  A “vulnerable person” is a general term which covers the following types of beneficiary;

• Disabled beneficiaries.
• Beneficiaries with learning difficulties.
• Beneficiaries suffering from an addiction; Alcohol, Drugs, Gambling, etc.
• Beneficiaries in receipt of means-tested benefits.

Leaving assets to a vulnerable person via a Will is a more complex matter than simply naming them and deciding on what percentage of the estate they are to receive.  Leaving assets to a vulnerable person requires careful planning and this is best achieved using a “Vulnerable Person’s Trust” (VPT).

How a VPT Works

• Assets are left to a trust in your Will, not directly to the vulnerable person.
• Trustees manage the assets and have discretion over how and when money is used.
• The vulnerable person can benefit, but has no legal entitlement — so the assets aren’t counted for means-tested benefits or care assessments.

Why is a VPT Appropriate

• Maintains eligibility for means-tested benefits (e.g., Universal Credit, housing benefit, etc.).
• Allows trustees to manage money responsibly, especially if the beneficiary cannot manage their own finances.
• Protects the beneficiary from financial abuse or exploitation.

Common Pitfalls a VPT Avoids

• Leaving assets directly to a vulnerable person – risks a loss of benefits and financial exploitation.
• Relying on informal arrangements – not legally enforceable or protected.

If you would like to speak with one of our Consultants to discuss any of the issues raised in this article or any other Estate Planning topic please telephone 01732 868 190 or click here.

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