---
title: "Draft a special-needs or protective trust from the instructions"
url: "https://ailawframework.com/practice/trusts-and-estate-planning/draft-a-special-needs-or-protective-trust-from-the-instructions"
type: "task"
site: "AI Law Framework"
id: "A19-T1-R11"
practice_area: "Trusts & Estate Planning"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-09-28"
---

# Draft a special-needs or protective trust from the instructions

> At the lawyer's direction and clause by clause, the tool works the trust up from the firm's precedent and the instructions — sole beneficiary, the care and accommodation purpose, trustee and annual-statement…

Canonical page: https://ailawframework.com/practice/trusts-and-estate-planning/draft-a-special-needs-or-protective-trust-from-the-instructions  
Last reviewed: 2026-09-28

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Trusts & Estate Planning](https://ailawframework.com/practice/trusts-and-estate-planning.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | At the lawyer's direction and clause by clause, the tool works the trust up from the firm's precedent and the instructions — sole beneficiary, the care and accommodation purpose, trustee and annual-statement obligations, the discretionary spending allowance, and what happens to the residue on the beneficiary's death — and tables each clause against the compulsory terms the social security legislation and the model trust deed require of a special disability trust. It lists what must still be confirmed before the deed is settled: the beneficiary's severe-disability assessment, who is contributing and under which gifting concession, and the care and accommodation the trust is to fund. |
| What the lawyer must review | The lawyer directs and settles every clause, and checks against the current social security requirements that each compulsory term is present and unmodified and that nothing carried over from the precedent — a wide discretionary distribution power, expenditure outside care and accommodation, the beneficiary or a contributing family member as sole trustee — costs the beneficiary the asset-test and gifting concessions. Before execution the lawyer confirms the severe-disability assessment, settles the residue and vesting position with the client, and explains the trustee's reporting obligations. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer review required**

- What the AI does: Produce a first-draft special-needs or protective trust from the instructions and the firm's precedent, listing compulsory clauses and eligibility facts still to confirm.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Commonwealth](https://ailawframework.com/practice/trusts-and-estate-planning/draft-a-special-needs-or-protective-trust-from-the-instructions/commonwealth.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*
