What Is 'Fair and Reasonable'? Norms and Strategies Guiding the Distribution of Assets by Testators Who Have an Adult Child With Intellectual Disability
Journal of Intellectual and Developmental Disability, Doi.org/10.3109/13668250.2020.1765997.
32 Pages Posted: 25 Aug 2020
Date Written: June 21, 2020
Background: Parents making a will most commonly distribute assets evenly to adult children. How parents of an adult child with an intellectual disability use wills to plan for future care and support has had limited policy, practice and research attention.
Method: This research reports on the perceptions of 20 parents regarding the impact of the needs of their child with disability on estate planning. The participants were purposively recruited and interviewed during 2014–15.
Results: Participants were more likely to consider equity of outcomes for their children taking into account retaining access to state services. They report difficulties in future planning in the context of changing service systems and limited specialised advice.
Conclusions: Judgements about what is fair and reasonable in distributing assets reflect differing views of need and entitlement within families. Such families would benefit from specialised advice and support in estate planning, particularly given the changing context.
Keywords: intellectual disability, wills, families, inheritence
JEL Classification: I14, K36, K3, K11, K10
Suggested Citation: Suggested Citation