Wills & Estates

Special Needs Trust

A Special Needs Trust, also known as a Disability Trust, is a legal arrangement that allows individuals with disabilities to receive financial support without affecting their eligibility for government benefits.

What is a Special Needs Trust?

A Special Needs Trust is a trust specifically designed to provide for the unique needs of individuals with disabilities. It allows assets to be held and managed for the benefit of the person with special needs without impacting their eligibility for government benefits such as disability support pension or NDIS.

Types of Special Needs Trusts

There are two main types of Special Needs Trusts:

  • First-Party Special Needs Trust: Established using the disabled individual’s own assets, such as an inheritance or personal injury settlement.
  • Third-Party Special Needs Trust: Created by family members or loved ones using their own assets to benefit the person with special needs.

Key Benefits of a Special Needs Trust

  • Preservation of government benefits eligibility
  • Protection of assets
  • Ensuring long-term financial security
  • Peace of mind for family members

FAQs


A Special Needs Trust operates during the lifetime of the disabled individual and manages assets for their benefit, while a Will comes into effect after the person’s passing to distribute assets to beneficiaries.


Family members, guardians, or legal representatives can establish a Special Needs Trust on behalf of the disabled individual.


Yes, assets can be added to a Special Needs Trust at any time, ensuring ongoing support and financial security for the disabled individual.

Consult Wright Street Lawyers for client-focused Legal Advice

If you are considering setting up a Special Needs Trust for a loved one with a disability, it is important to seek guidance from experienced legal professionals. Wright Street Lawyers in Adelaide, South Australia, specialise in family law, estate planning, and probate, and can provide client-focused advice on Special Needs Trusts to ensure the long-term financial well-being of your family member.

Contact Wright Street Lawyers today for a consultation tailored to your specific needs.