Our Safewill Essentials Wills include a clause that any share of the estate or gifts left to underage beneficiaries, such as children or grandchildren, is to be held in trust by your executor until they reach the age of 18. Our Wills also include a provision that any inheritance you leave to your underage children can be used by their guardians for the children’s care and maintenance. The executor plays a crucial role in managing these inheritances. For instance, if a house is left to an underage beneficiary, the executor is responsible for managing the property until the beneficiary turns 18. Similarly, monetary gifts or other assets are held in trust and can be used for the child's care and maintenance if necessary. However, beneficiaries under 18 cannot directly access their inheritance early; only guardians may use the funds on their behalf for care and maintenance.
Safewill Essentials Wills include a built-in clause that ensures any inheritance left to underage beneficiaries is held in trust by the executor, eliminating the need for a separate trust arrangement. Common scenarios include managing a house or monetary gifts for the benefit of the child until they reach adulthood. However, the inheritance age is fixed at 18, and you cannot specify a different age (e.g., 21 or 25). Additionally, the Essentials Will does not support the creation of a formal testamentary trust.
You can also leave instructions in the asset notes section on any further wishes you have in this respect, however, these notes are not legally binding and will only act as a guide for your executor to carry out.
Beneficiaries under 18 cannot access their inheritance early, and non-binding guidance in the asset notes does not override the legal requirement to hold the inheritance in trust until they turn 18.
Legal Implications and FAQs
Is it legally required to set up a trust for underage beneficiaries? No, Safewill wills already include a provision for underage beneficiaries, so no additional trust arrangement is necessary.
Can I choose a different trustee for underage beneficiaries? No, the executor of your will automatically acts as the trustee for any inheritance left to underage beneficiaries.
Can I set a different inheritance age (e.g., 21 or 25) for underage beneficiaries? No, the Essentials Will fixes the inheritance age at 18. However, you can upgrade to a Customised Will to achieve this.
Can I leave assets directly to my grandchildren? Yes, you can list grandchildren as beneficiaries, but the inheritance will still be held in trust until they turn 18.
Can beneficiaries access their inheritance before turning 18? No, beneficiaries cannot access their inheritance early; the executor must hold it in trust until the beneficiary turns 18.
Does the Essentials Will support a formal testamentary trust? No, it does not support creating a formal testamentary trust. Only the Customised Will supports creating a formal testamentary trust.