JUST OVER 1 IN 3 LEGAL AND FINANCIAL PROFESSIONALS HAVE ‘NO IDEA’ HOW TO FINANCIALLY PROTECT PEOPLE WITH A LEARNING DISABILITY

Just over a third of financial and legal professionals (34%) surveyed have ‘no idea’ how to protect people with a learning disability, according to new research by Mencap Trust Company.¹

This is putting people with a learning disability at risk of losing vital benefits or becoming victims of financial abuse. An estimated 147,000 people in England could be at risk.² 

A survey of 501 legal professionals, of which 301 were IFAs and financial planners, commissioned by Mencap Trust Company and conducted by Censuswide, has revealed a worrying knowledge gap:

• Around one third (34%) of financial and legal professionals – and half of IFAs - admitted they had ‘no idea’ how to financially protect people with a learning disability through advising their clients.
• More than a quarter (30%) said that they do not feel confident advising families who want to leave inheritance or a lifetime gift to someone with a learning disability on means-tested benefits.³ 
• This lack of confidence was despite nearly nine in ten survey respondents (87%)⁴ saying they had received training on advising clients with a beneficiary who has a learning disability
• Almost three quarters (73%) of solicitors surveyed failed to correctly identify that a specialist trust was the best option to support a client leaving a large legacy to a beneficiary with a learning disability accessing means-tested benefits⁵  

If people leave a large inheritance ‘outright’ to someone with a learning disability who is on means-tested benefits, it could result in them being stripped of their vital state benefits and being highly vulnerable to financial abuse.

Just over 1 in 5 (21%) of financial and legal professionals confessed they wouldn’t know where to find information to get advice or support on the issue, while a similar proportion (20%) said they would rely on AI as a primary information source.⁶

Mencap Trust Company (MTC), which specialises in providing trusts for people with a learning disability, is shining a light on the lack of understanding which is leaving people with a learning disability at risk of losing their vital state benefits and at risk of financial abuse.  

It is urging Independent Financial Advisors (IFAs), financial planners and solicitors to download its free guide to better understand how to advise families of people with a learning disability. 

People with a learning disability have a reduced intellectual ability which makes everyday activities challenging, including managing money.

Well-meaning family members wanting to provide for them after their deaths may leave them a gift in their will as an ‘outright gift’, but this can backfire.

Leaving a large sum of money directly to an individual with a learning disability can result in them being stripped of their vital state benefits and leave them highly vulnerable to financial abuse.

Worryingly, 91% of solicitors showed a lack of understanding about the general risks of leaving a large inheritance outright to someone with a learning disability.⁷

And around 75% of all survey respondents failed to properly understand what it meant to have a learning disability.⁸

But nearly all of those surveyed (99%⁹) said they wanted to learn more about the issue and recognised the value of a specialist provider like Mencap Trust Company which could provide, such as being experts at communicating with beneficiaries who have learning disabilities and able to signpost them to further support.   

David Raeburn, director at Mencap Trust Company said:  

“Every day we hear heartbreaking stories of families who have left inheritance for their loved one with a learning disability to give them financial stability – only for that money to be put at risk because it wasn’t protected by a trust.

“Maybe the family wants to provide their loved one with financial stability, additional money for therapies or to do the hobbies they love but instead their benefits are stripped away, and they are exposed to financial abuse.  

“There are two simple ways that solicitors can prevent this happening and give their clients the best advice. First, ask the question: Does the person you want to leave inheritance to have a learning disability or other vulnerability? Secondly, understand how a specialist trust can help.

“We are really pleased that financial planners have said they want to learn about how to better support families of people with a learning disability. We are offering a short, free downloadable guide at mencaptrust.org.uk to help with this.  

“We also hope to work with organisations like STEP to ensure solicitors feel supported on this important issue and no one with a learning disability misses out on the wills and trusts advice they need."

Nadia Cowdrey has been working in private client law for over 30 years and is a partner at DMH Stallard in Sussex. She said:

"It is really concerning that so few legal professionals feel confident advising families with vulnerable beneficiaries and that such a significant knowledge gap exists. The consequences of getting this wrong can be serious. For example, leaving a large inheritance outright to someone with a learning disability could affect their entitlement to means-tested benefits and undermine their long-term financial security.

"For many solicitors, trusts can seem complex because they sit at the intersection of private client law, tax legislation and the benefits system. Over the years there have also been numerous changes through Finance Acts and other legislation, meaning the rules are continually evolving.

"When I trained, there was very little focus on vulnerable clients or beneficiaries, and much of our understanding of trusts has traditionally been acquired on the job. The knowledge required is highly specialised and not always readily available, which helps explain why some practitioners may lack confidence in this area.

"Any training that helps demystify trusts for vulnerable beneficiaries is a positive step. Simple measures, such as prompts encouraging solicitors to identify whether there are vulnerable family members, could make a real difference. It would also be beneficial to see organisations such as STEP develop specialist qualifications or certificates focused on supporting vulnerable people, including beneficiaries with learning disabilities."

To download the free guide visit the Mencap Trust Company website 

Download guide

The research was conducted by Censuswide, among a sample of 501 independent financial advisors, solicitors (217 IFAs, 84 Financial planners, 200 solicitors). Minimum of 50 respondents from England, Wales, Scotland and Northern Ireland. The data was collected between 05.08.2026 - 13.08.2026. Censuswide is a member of the Market Research Society (MRS) and the British Polling Council (BPC), and a signatory of the Global Data Quality Pledge. Censuswide adhere to the MRS Code of Conduct and ESOMAR principles.

Percentages have been rounded up.

¹All survey respondents were asked if they agreed with the statement “I have no idea how to protect people with a learning disability” and 34% somewhat or strongly agreed.

² Modelling by Mencap in September 2026 estimates that the number of adults with a learning disability in England who will at some point inherit enough money to affect a means-tested benefit is 147,000. A figure for the whole of the UK is not available

³All survey respondents were asked whether they agreed or disagreed with the statement: I do not feel confident in advising families who want to want to financially protect someone with a learning disability/ leave inheritance or a lifetime gift to someone with a learning disability. 30% somewhat or strongly agreed with this.

⁴87% of respondents said this

⁵Solicitor survey respondents were given the following scenario: One of your clients wants to leave a £200,000 gift in their will to a loved one with a learning disability who is on means-tested benefits. What if anything, would you be most likely to advise. The correct answer was: I would advise them to set up a trust . Only 27% answered correctly, meaning 73% got the answer wrong

⁶All survey respondents were asked what barriers would prevent them knowing more about how to advise families of people with a learning disability. 21% said they wouldn’t know where to find information to get advise or support on the issue. A similar proportion (20%) said they would rely on AI as a primary information source if they decided to do their own research to better advise their clients on leaving money to family members with a learning disability.

⁷Solicitor survey respondents were asks to pick three reasons why it might be damaging for someone with a learning disability to inherit 'outright' or receive a cash 'gift' within their lifetime.’ The correct answers were 1) That it could affect their entitlement to means-tested benefits meaning they are removed or reduced 2) It could put the beneficiary at risk of financial abuse 3)If the beneficiary lacked mental capacity they may not be able to manage the funds. 85% of survey respondents selected at least one incorrect option.

⁸75% of respondents selected an incorrect response when asked to specify if they think any of the following statements are true or false about someone with a learning disability: 

People with dyspraxia and dyslexia have a learning disability (FALSE)
People with autism and ADHD have a learning disability (FALSE)
A learning disability is when someone has a reduced intellectual ability that makes  everyday activities challenging such as household tasks, socialising or managing money (TRUE)
A learning disability is a mental illness (FASLSE)
The amount of support someone with a learning disability needs varies – some may need a little additional support, others may need to be fully supported in all areas of their life, including communicating, personal care, and staying safe. (TRUE)

⁹Only 0.8% of all survey respondents said “There would be no incentive – it isn't something I am interested in” when asked what would be their main incentives to learn more about how they can financially or legally protect people with a learning disability– suggesting 99% would