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Power of an executor over your child

3 replies

MNS · 20/12/2022 11:59

I am wondering if the law protects beneficiaries in particularly young adults. Grandparents leave money for grandchildren nominating with a provision not until 21/25 years old. But they forget the executor may not like the beneficiaries parent (aka their sister) and "your" child is left within their power for several years with little or no growth in the inheritance

OP posts:
parietal · 20/12/2022 12:04

how long until the child gets the inheritance? is the only worry that the executor is keeping the inheritance in a cash account rather than something else?

I doubt there is much you can do here. If the executor put the inheritance in a high risk stocks & shares account, you'd complain if it lost money. and if the executor put it in a safe-but-dull cash account, you'd complain that you lose out due to inflation.

VanCleefArpels · 20/12/2022 12:23

An executor/trustee has legal obligations to not harm the beneficiary. If you believe there is intent to harm then get legal advice as there are steps you can take to remove the executor/trustee. However this is likely to be costly and time consuming even if you could prove it.

Princessglittery · 20/12/2022 22:59

IANAL but I believe, depending on the exact wording, once a beneficiary is 18 they are entitled to receive their inheritance even if the will states 21/25. I think there was a case which set this precedent.

May be worth paying for legal advice to confirm this. Then on their 18th birthday the beneficiary can write asking for their inheritance pointing out the relevant case law.

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