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We offer two main types of trust: a ‘ discretionary trust’ and a ‘disabled person’s trust’.

A discretionary trust offers a flexible way for parents and family members to set aside money or property (assets) for a loved one. With a discretionary trust, the trustee has the ‘discretion’ to make decisions about how the trust is distributed. In other words, the trustee uses their judgment to determine who gets what and when. This can be based on the needs, circumstances or best interests of the person whose trust it is. A discretionary trust allows the flexibility to cater for changes in your loved one’s circumstances throughout their life. If you set up a discretionary trust with Mencap Trust Company, you give us the power to manage the assets and to distribute them to your loved one. The trustee can benefit charities which help people with a learning disability as well as your loved one but typically only your loved one would benefit from the trust during their lifetime. 

A disabled person’s trust works in a similar way to a discretionary trust. The main difference between the two is that they are taxed differently and a disabled person’s trust cannot benefit charities during your loved one’s life. There are additional criteria that someone has to meet to have a disabled person’s trust – such as receiving certain disability benefits. You can find out more about who is eligible for a disabled person’s trust at www.gov.uk/trusts-taxes/trusts-for vulnerable -people 

Please speak to your own legal or financial adviser about which type of trust would be best for you and to review the detailed terms of the trust deed

At Mencap Trust Company, we’re here to help as many families as possible. The minimum investment in one of our trusts is £20,000 – much less than most trust fund providers. If the value of a trust falls below £10,000, we’ll start to look at the financial sustainability of the trust and whether it would be best to start winding up the trust for the benefit of your loved one. We’ll work with your loved one and the people who support them to do this in 12 We consider: an appropriate way, taking into account their circumstances and other income they may have. There isn’t a maximum amount that can be invested

Yes. A ‘lifetime gift’ can be a tax efficient way to provide for the future. If you get the trust up and running during your lifetime, you can also support your loved one to build a relationship with us and get used to having a trust fund. It also means your loved one can access money while your estate is being sorted out. Once you have given assets to the trust, you won’t be able to take them back or move them into another trust. As well as speaking to us about this, we advise you to take financial advice as there will be practical and financial implications of any gifts made to your loved one’s trust during your lifetime.

Anyone can pay into the trust – apart from your loved one whose trust it is, or anyone else set to benefit from the trust. If a parent sets up a trust, then grandparents, other relations and friends can also pay into the same trust during their life or through their will.

Having a discretionary trust or a disabled person’s trust with us won’t affect the means tested benefits your loved one is entitled to.

We know that being able to rely on Mencap Trust Company to be there for their loved one in the future is one of the main reasons that families set up a trust with us. We have been here for 50 years and you will want to be confident we will be here for another 50. We therefore take a cautious approach to managing our own finances and regularly review our financial position and forecasts with our Board of Directors and Finance and Investments Committee to ensure we remain resilient and sustainable. While we are independent of Royal Mencap Society (Mencap), we remain part of the Mencap group and benefit from being a subsidiary of one of the country’s largest charities. In the unlikely event that Mencap Trust Company was to close, the money held in each trust would be protected. Mencap Trust Company does not hold trust funds to use as it pleases; the money is held to benefit the specific beneficiaries of the trust. If Mencap Trust Company could no longer act as trustee, we would appoint a suitable alternative trustee to take over from us.

A Letter of Wishes is a letter you write to tell us about your loved one and how you would like their trust fund to be used. You might include things like: your loved one’s likes and dislikes; their communication needs; the important people in their life; your hopes and goals for your loved one; and how you’d like potential situations to be handled. A Letter of Wishes is private and confidential . While it’s not legally binding, it plays an important and influential part in decisions we make about what the trust should pay for. Your loved one may develop new interests and friendships over the years, and your ideas about how the trust can make a difference to their life may change too. So, you can provide updates to your initial Letter of Wishes at any time. If you decide to set up a trust with us, we’ll send you a template you can use to write your Letter of Wishes. If you’d like any support with this, our team is here to help

No. If you set up a trust with Mencap Trust Company, we would be the sole trustee. We can’t act as a trustee alongside others. However, we are often in regular contact with key family members as part of managing the trust and supporting the person whose trust it is to make good use of their funds.

Our trusts are tailored for people with a learning disability or autism . They don’t need to have a formal diagnosis to qualify to use our services