Autism is a serious, lifelong and disabling condition and although people with autism may become independent, very few will ever be in a position to earn enough money to live without financial assistance.

As a result, lots of people with autism get central or local government benefits, and some may be entirely dependent upon them. Some of these benefits are currently means-tested but may not be in the future.

Planning for the future

If a person with autism is in receipt of government funding or benefits, any financial provision made for them by parents, carers, relatives or friends (whether income or capital) could reduce, or even cause the total loss of state support. As a result, the fund intended to provide for the person with autism could risk becoming exhausted when it need not have been.

Some adults with autism may not be able to manage money themselves and therefore may not be able to manage money left to them by their parents.

Setting up a trust fund is a way to provide for your child's future and make sure they will always have a steady income, whilst not detracting from any government benefits they may be entitled to claim.

Using a trust

If you wish to make financial provision for a person with autism - as well as safeguard any other benefits they may claim - one of the most secure ways to do this is to create a trust fund to help manage their finances.

A major advantage of setting up a trust is that you can avoid the potential loss of state support for your dependant. There are a number of ways of doing this, based on the type of trust you select.

Types of trust

There are a number of different trusts which have different functions and fulfil different remits:

  • A life interest trust is one in which the person with autism is given the right to benefit from the income generated by the trust fund during their lifetime. After their lifetime, the capital of the fund passes to the ultimate beneficiaries, such as another person or a charity, who can be specified in the will.
  • A discretionary trust is one for which the trustees are given full powers to decide if and when the beneficiary should receive either capital or income from the trust fund. This means that the trust fund does not belong to the beneficiary, and they will not lose any state support they claim.
  • A private charitable trust can be useful in some instances, such as if a person with autism is likely to be cared for in a residential facility managed by a charity.


It is essential to speak to a solicitor experienced in trusts. You can talk about your particular circumstances; get legal advice on the most appropriate course of action; and make sure that any documentation properly reflects your circumstances and those of the person with autism.

Leaving money to the NAS

Another way of providing for someone you love for years to come is by leaving money to the National Autistic Society in your will. Supporting us means supporting people with autism in the future, helping them live their lives to the full, and giving them the support and services they need.

A gift in your will could be used to help improve our specialist schools or to keep our helplines open. It could go towards our employment service or support our national campaigns for the rights of people with autism. And as we grow and change, we will need funding for even more projects. By remembering us in your will, you can help to shape the future for people with autism.

Types of gift

There are three main types of gift you can make to us in your will:

  • a percentage of your estate (also known as a residuary gift)
  • a specific amount of money (a pecuniary gift)
  • a specific item.


If you choose to make a gift to us, any of these types will help improve the lives of people with autism. You can find more information on making a gift in your will in Writing a will - your questions answered.

Further reading

Further information on setting up a trust for a person with autism is contained in our Guide to wills and trusts.

Useful contacts

Finding a solicitor

Below is a list of organisations that can help you to find a solicitor in your area. Alternatively, download our list of specialist solicitors here.

The Society of Trust and Estate Practitioners (STEP) 
The main professional body for legal professionals specialising in the particular area of trusts and estate law.

For details of regional branches, visit www.step.org
Tel: 020 7340 0500
Email: step@step.org

The Law Societies listed below provide information on solicitors and can answer general legal enquiries. They can also give you contact details for solicitors in your area.

The Law Society (England and Wales)
The Law Society's Hall
113 Chancery Lane
London WC2A 1PL
Tel: 0870 606 2500
Fax: 020 7320 5964
Email: info.services@lawsociety.org.uk
Website: www.lawsociety.org.uk

Find a solicitor (search under areas of law classified as 'trust law' and 'wills and probate'): www.lawsociety.org.uk/choosingandusing/findasolicitor.law

The Law Society of Scotland
26 Drumsheugh Gardens
Edinburgh EH3 7YR
Tel: 0131 226 7411
Textphone: 0131 476 8359
Fax: 0131 225 2934
Email: lawscot@lawscot.org.uk
Website: www.lawscot.org.uk

Find a solicitor (search under areas of law classified as 'executries, wills and trusts'): www.lawscot.org.uk/find/

The Law Society of Northern Ireland
40 Linenhall Street
Belfast BT2 8BA
Tel: 028 9023 1614
Fax: 028 9023 2606
Library fax: 028 9031 1323
Email: info@lawsoc-ni.org
Website: www.lawsoc-ni.org

Find a solicitor (search under areas of law classified as 'Trusts, tax & financial planning'; 'Wills, probate & intestacy'): www.lawsoc-ni.org/cgi-bin/findafirm

Other contacts

The MENCAP Trust Company can act as trustee of individual trust funds for people with a learning disability.

MENCAP Trust Company Ltd
123 Golden Lane
London EC1Y 0RT
Tel: 020 7696 6932
Fax: 020 7696 6014
Email: mtc@mencap.org.uk
Website: www.mencap.org.uk