Q&As

A Will leaves a legacy of the sale proceeds of chattels to named minor grandchildren of the testator upon their attaining the age of 21. Can the personal representatives or trustees distribute a legacy to a parent of a grandchild, while the grandchild is still a minor, or to a grandchild when the grandchild turns 18? Can the trustees hold the legacies in a single account?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 01/12/2016

The following Wills & Probate Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A Will leaves a legacy of the sale proceeds of chattels to named minor grandchildren of the testator upon their attaining the age of 21. Can the personal representatives or trustees distribute a legacy to a parent of a grandchild, while the grandchild is still a minor, or to a grandchild when the grandchild turns 18? Can the trustees hold the legacies in a single account?

A Will leaves a legacy of the sale proceeds of chattels to named minor grandchildren of the testator upon their attaining the age of 21. Can the personal representatives or trustees distribute a legacy to a parent of a grandchild, while the grandchild is still a minor, or to a grandchild when the grandchild turns 18? Can the trustees hold the legacies in a single account?

A testator of course can leave a legacy to anyone he wishes, including to minor children or remoter issue. Such legacies can either be vested, meaning that the minor is entitled to the legacy outright, or contingent, where a Will provides that the legacy is payable if and when the minor reaches adulthood or some other age. If the minor does not survive, the gift lapses and falls into the residuary estate. It is not specified in this Q&A whether the instant Will makes the gifts outright, but not to be released until the grandchild turns 21, or whether the gift is contingent on their turning 21. A gift to a beneficiary 'on' (or here, 'upon') the attaining of a specified age is likely to create a vested interest in the money, but which cannot be paid over until the beneficiary reaches the specified age. This contrasts with wording which makes the gift contingent such as 'if they attain

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