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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10737
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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In my under English law Will can I include minor children of

Customer Question

In my under English law Will can I include minor children of friends as Residuary Benificiaries to inherit directly without Trusts or, for payment to be made to parents to use at their
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

A person is not entitled to inherit under a Will until they reach the age of 18. Therefore, if you were to leave a legacy to someone who is under 18 at the date of your death, the Executors/Trustees would be under a duty to invest this money in their names, as Trustees or put it into a Building Society account in the child's names, but with them named as Trustees.

You could leave a legacy to the child's parent, stipulating that the monies are to be used for the benefit of the child. However, as the beneficiary of this legacy is the parent, he or she is not under any legal obligation to use the money

for their child. You would just have to hope that they complied with your wishes and do indeed use the money for the benefit of their child.

I hope this assists and sets out the legal position.

Kind Regards