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

See all articles by Jill Wilson

Jill Wilson

University of Queensland

Cheryl Tilse

University of Queensland

Ben White

Queensland University of Technology - Faculty of Law

Linda Rosenman

University of Queensland

Date Written: June 21, 2020

Abstract

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

Wilson, Jill and Tilse, Cheryl and White, Ben and Rosenman, Linda, What Is 'Fair and Reasonable'? Norms and Strategies Guiding the Distribution of Assets by Testators Who Have an Adult Child With Intellectual Disability (June 21, 2020). Journal of Intellectual and Developmental Disability, Doi.org/10.3109/13668250.2020.1765997., Available at SSRN: https://ssrn.com/abstract=3655890

Jill Wilson

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Cheryl Tilse

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Ben White (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/whiteb/

Linda Rosenman

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

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