Will and trustee question

[AInightingale]

I've already asked AI this question but it can be wildly wrong so I'll ask a human!

If there is only one executor of an estate and there are minor beneficiaries, and the will does not nominate trustees for those children, is the executor solely responsible for opening and maintaining the trusts? An executor cannot appoint a trustee unless the will states this - is this correct?

UK. Minor's father is also a beneficiary.

Yes, the executor holds the legacies as trustee until the children reach 18.

How can you say this if the OP has not declared which country within the UK?

It's Northern Ireland. I have requested copy of the will, but it will take a while, horribly slow process here.
My son is the beneficiary, now 19 so need to check age (can't assume 18) whether trustees named, who they are if so. NC with his father so it's an awkward one.

"My son is the beneficiary, now 19"

"Minor's father is also a beneficiary."

I'm sorry your family is going through this. I'm a little confused by these two statements. So, your son is the adult father beneficiary? And he has a child who is also a beneficiary?

If a beneficiary is over 18 then they are not a minor, they are an adult (even though a will may not allow them to inherit until a later age eg 21 or 25).

"If there is only one executor of an estate and there are minor beneficiaries, and the will does not nominate trustees for those children, is the executor solely responsible for opening and maintaining the trusts?"

That depends.

If the will leaves any gifts to a minor beneficiary absolutely, then there must be at least two trustees (and a maximum of four). If a gift is left to a minor beneficiary contingent on them reaching a certain age (eg 21 or 25 etc) then two trustees are not required.

Minor children cannot give a 'receipt' for any capital they receive from selling a property etc, so it must be a trustee. However, an individual trustee also cannot give a proper receipt in this situation, it must be at least two trustees.

Different circumstances apply to executors, so there can be only one executor.

So, presuming that there is a minor beneficiary and there is no age stipulation in the will (eg must reach the age of 21 or 25 etc) then there must be at least two trustees.

The executor can also be a trustee but will need to appoint a further trustee as well. So the executor will first obtain probate and then, afterwards, appoint any further trustees as necessary.

"An executor cannot appoint a trustee unless the will states this - is this correct?"

No, it isn't. This comes from section 42 of the Administration of Estates Act 1925. This specifically allows an executor to appoint a minimum of two trustees.

When the executor comes to appoint another trustee (or two trustees if the executor doesn't wish to be one) this must be done using a Deed of Appointment which will need to be witnessed etc. You may wish to speak to a solicitor or other professional about how to word this.

Sorry, forgot to add, where there are minors involved then it is normal that there should really be two executors as well.

This comes from section 114(2) Senior Courts Act 1981.

But it does say that it's not absolutely necessary to have at least two executors if:

"... it appears to the court to be expedient in all the circumstances to appoint an individual as sole administrator."

Sorry I did not make things v clear @Another2Cats.

The donor was my ex partner's uncle. He was unmarried and childless, so the beneficiaries were nieces and nephews, including my ex (my son's father). There were also a number of minor beneficiaries - quite a few, I think, including my other two sons and other great nieces and nephews. But it says on the short report from the Court Service that my ex's cousin was the 'grantee' and the 'sole executrix' which I took to mean only one executor. Am waiting to see what the will says. Hopefully the drafting solicitor will be named so I can contact this cousin through them, or get to the bottom of it somehow. Of course, he could have stipulated that the minors inherited at 21, but it is usually 18.

We were told we had to have two or more Trustees for parents Discretionary Will Trust. When Mums oldest friends wished to be absolved or trustee responsibilities it cost £500 to remove them. Is it a deed of rumnification ir something? Then when Dad died it was just Mum left. She lost mental capacity but before she did she also wished to be absolved of responsibility. So partner and I became trustees. I'm sole beneficiary anyway but it did feel a little like a conflict of interest to have us both as trustees but there was no siblings of family left to ask.