Can I Leave Money to a Child Under 18?

Children cannot inherit directly

You can absolutely leave money or property to a child under 18. But they cannot receive it directly until they turn 18. The law requires the assets to be managed by a trustee in the meantime.

If your will makes no provision for this, the inheritance is held under the rules of the Trustee Act 1925. The trustees will be whoever the court appoints, and the terms under which the money is held are set by statute rather than by your wishes.

The better approach: a trust clause

A will that includes a trust clause for minor beneficiaries puts you in control. You choose the trustees — typically the same people as your executors, or specific family members you trust. You set the age at which the child receives the money outright. And you can give the trustees discretion to release funds earlier for specific purposes: education, a deposit on a flat, medical expenses.

Most straightforward wills set the inheritance age at 18, which is the legal minimum. Some people prefer 21 or 25, on the basis that 18-year-olds are not always best placed to manage a significant sum. There is no right answer — it depends on the child and the amount involved.

Trustees and their role

The trustees hold the money on behalf of the child and manage it until the inheritance age is reached. They have a duty to act in the child's best interests, invest the funds prudently, and keep accounts.

Choose trustees who are willing to take this on, understand what it involves, and are likely to be around and capable when the time comes. Naming a backup trustee is good practice.

Specific gifts vs residuary gifts

This applies whether you are leaving a specific sum (£10,000 to my nephew) or a residuary share (one third of my estate to my daughter). Both require the same trust mechanism if the beneficiary is under 18 when they inherit.

If the child is already 18 or over at the time of your death, they can inherit directly and no trust is needed.

What PureWill covers

PureWill's will form includes a standard trust clause for minor beneficiaries, with trustees defaulting to your executors unless you name someone different. This covers most straightforward situations. If you want more specific terms — a higher inheritance age, detailed trustee powers, or a discretionary trust — a solicitor can draft something more tailored.