Special Needs Trust Clause for Will | Practical Law

Special Needs Trust Clause for Will | Practical Law

A Standard Clause creating a testamentary third-party special needs trust for use in a will that can be customized for use in any US jurisdiction. A testator may include this Standard Clause in a will to make a specific gift in trust to a beneficiary receiving government benefits on the testator's death without jeopardizing the beneficiary's eligibility for certain means-tested government benefits or as a savings provision to create a special needs trust to receive distributions that otherwise pass outright to certain beneficiaries, which may include the testator's surviving spouse, if those beneficiaries are receiving means-tested government benefits when the distribution is to be made.

Special Needs Trust Clause for Will

Practical Law Standard Clauses w-028-2527 (Approx. 19 pages)

Special Needs Trust Clause for Will

by Practical Law Trusts & Estates
MaintainedUSA (National/Federal)
A Standard Clause creating a testamentary third-party special needs trust for use in a will that can be customized for use in any US jurisdiction. A testator may include this Standard Clause in a will to make a specific gift in trust to a beneficiary receiving government benefits on the testator's death without jeopardizing the beneficiary's eligibility for certain means-tested government benefits or as a savings provision to create a special needs trust to receive distributions that otherwise pass outright to certain beneficiaries, which may include the testator's surviving spouse, if those beneficiaries are receiving means-tested government benefits when the distribution is to be made.