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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33523
Experience:  Over twenty-five years experience
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I'm currently writing a Will. My beneficiaries are my daughters

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I'm currently writing a Will.
My beneficiaries are my daughters (currently aged 9 & 12)
Their guardian will be their mam.
When the children reach the age of 18, will the requirement for the guardian be automatically over ruled and all inheritance then go straight to my daughters ?
Also as my daughters are under 18, will their inheritance be automatically placed into a trust, or will their guardian take complete control ?
It rather comes down to what you put in the will to the actual powers that the executor has with respect to managing the trust funds which is why it is often much better to have a solicitor as an executor particularly where there are children and the expectation is a trust fund - it will be for the executor (presently your mum) to set up and manage the fund. Happy to discuss - please rate positive
Customer: replied 2 years ago.
Okay, so in answer to my original questions, will my children overrule the requirement for a guardian when they reach the age of 18 ? and I assume by your answer ref the trust fund, the inheritance isn't automatically placed into a trust fund unless I specify and set this up myself through my solicitor in readiness for my death? For info. my will is a 'basic free will' linked to my divorce/financial consent order, obviously I can fund an alternate will.
In answer yo your first question - it rather comes down to the wording of the will - but usually this is something which is agreed between the children and the executor once they reach majority. Ultimately it is for the executor to finalise the terms of your will. Please rate positive
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