Can money be paid to a beneficiary of a will if they are under 18?

[user989]

Does anyone know? I'm struggling to work out the answer.

DH is the executor of his aunts estate. Aunt never married and so various family members share her estate. It wasn't massive but the great nieces and nephews all get around £11k each.

Three of them are under 18. In this case I think the money has to be kept until they are 18. Their mother however wants to take the money and keep it for them.

There is nothing in the will that says that she can give legal receipt for the money on their behalf.

I think the money has to stay where it is until they are 18? Or does it have to be put into separate accounts for each of them? Or even invested for them?

Realistically DH doesn't want the hassle of having to manage this. It is not something he is really equipped to be dealing with at the moment since he has health issues and is dealing with a number of different things. He is struggling to manage his own affairs let alone to have to manage financial matters for three minors for the next 12 years. Just dealing with the probate/house etc has been a significant amount of stress for him.

Are you sure? That isn't what all the websites say. They say the minor cannot give legal receipt and the will would have to be drafted to allow someone to give legal receipt on their behalf (which this will doesn't;t)

I think this is actually a different point. Im not saying that a trustee cant give legal receipt. Im saying a minor cant give legal receipt and so a trust would need to exist.

Yes. That’s what the law says. There needs to be a trustee appointed if a beneficiary is under 18 - either in the will or by the executor(s) and the trustee needs to give receipt.

That’s what I meant by it not needing to be in the will. If they have outgoings will doesn’t say otherwise, the child inherits at 18 and the trustee holds it until then.

The probate solicitor should be able to say how to appoint a trustee.

there isnt a probate solicitor

You can hire one to just answer this point. It shouldn’t cost more than a couple of hundred pounds and it counts as estate fees so comes out of the estate.