An Evening with David Kingham

On Tuesday 14th May 2002 in Leatherhead, David Kingham, from Morrison's solicitors spoke for about an hour about Wills and Trusts and other legal option for securing the future for a disabled dependant. He interspersed his talk with questions from the audience. A review of his talk is included here. His presentation and many of the questions were also recorded and are now available to listen to in RealAudio format. In order to listen to the talk, you must have RealPlayer installed on your computer. You can follow the instructions on the BBC Radio 4 website on how to download the free version of the player from RealNetworks. The presentation is broken down into 5 sections, and there are also answers to 19 questions that were asked by the audience. Just click on the topic or question that interests you to start listening.

Read the review of the evening

This will follow in due course.

Listen to RealAudio recording

The Presentation

real audio Introduction; Making a will with provision for a disabled child; Value your assets; Appointing executors and guardians; Review your will regularly; . Length 6 minutes 1 second.

real audio The use of Trusts; What is a trust?; Trustees; Beneficiary; Tax reduction; Protection and distribution of assets; . Length 5 minutes 5 seconds.

real audio Secret Trusts; Protective Trusts; Discretionery Trusts; Disadvantages of Discretionery Trusts; Overseas Trusts;. Length 10 minutes 59 seconds.

real audio Power of Attorney; Limitations; Enduring Power of Attorney; . Length: 4 minutes 18 seconds.

real audio Care for the future; Decisions on non-financial matters; judging the capability of an adult with learning disabilities; using professional services; Length: 3 minutes 36 seconds.

Questions from the audience

real audio If I have already set up a trust fund for my son, are there ways that others (third parties) can add funds to the Trust? Length: 1 minutes 1 seconds.

real audio If you have several children, but only one with a disability whom you want to benefit from a trust - do you recommend making up seperate trusts for all of them? Length: 1 minutes 47 seconds.

real audio Do you name the child that you want to mainly benefit in the trust? Length: 1 minute 28 seconds.

real audio If siblings of my disabled child are also beneficiaries, what is to stop them from benefiting from the trust rather than my disabled child? Length: 42 seconds.

real audio I don't have any other children, or close relatives who would be able to act as trustees - what should I do? Length: 30 seconds.

real audio How many trustees should I appoint? How do they agree on decisions? Length: 38 seconds.

real audio Can a legal guardian be appointed a trustee? Length: 19 seconds.

real audio Are there any guidelines for setting up and administering a trust? Length: 24 seconds.

real audio Can you stipulate in a trust, a sucession of trustees? Length: 35 seconds.

real audio What happens if parents who are trustees are no longer able to act? Length: 1 minute 7 seconds.

real audio Can I appoint a particular solicitor in a firm to act as a trustee? Length: 39 seconds.

real audio Can you clarify the tax position in regard to monies given to a trust? Length: 54 seconds.

real audio Can you have an Enduring Power of Attorney for someone under the age of 18? Length: 7 seconds.

real audio Is it possible for someone with learning difficulties to set up an Enduring Power of Attorney? Does a doctor need to certify this? Length: 40 seconds.

real audio If I set up a discretionery trust fund for my two children, one of whom is disabled, how much should I put in it in order that it can provide some benefit for my disabled child? What proportion of the funds should I set for my disabled child and others (siblings)? Length: 45 seconds.

real audio Some children with Aspergers Syndrome are very intelligent but are still unable to manage their own affairs properly. They may not be willing to make an Enduring Power of Attorney. What can I do? Length: 28 seconds.

real audio Can more than one trust be set up for any one beneficiary? Length: 19 seconds.

real audio What power does the law have over a trust once it has been set up? Length: 49 seconds.

real audio Can a trust purchase property for a beneficiary? Length: 10 seconds.

Disclaimer: Nothing in the talk should be construed as personal legal advice. You should always consult a fully qualified legal representative before drawing up legal documents. The NAS Surrey and Morrisons solicitors cannot be held responsible for any actions taken as a result of information given on this page or in the talk.

Review is 2002 Sara Truman. Our thanks to David Kingham for giving permission for the recordings to be made available

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