Q&As

A Will provides for a sum of money to be gifted to the sole grandchild of the deceased when she attains the age of 18. Executors have expressed concern over the grandchild (currently aged 16) inheriting such a large sum of money at 18. Can the executors apply to the court to vary the Will to increase the age at which the grandchild will inherit? Would the costs of the application be payable from the legacy, would the estate bear the costs or the executors personally?

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Published on LexisPSL on 13/01/2020

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • A Will provides for a sum of money to be gifted to the sole grandchild of the deceased when she attains the age of 18. Executors have expressed concern over the grandchild (currently aged 16) inheriting such a large sum of money at 18. Can the executors apply to the court to vary the Will to increase the age at which the grandchild will inherit? Would the costs of the application be payable from the legacy, would the estate bear the costs or the executors personally?

A Will provides for a sum of money to be gifted to the sole grandchild of the deceased when she attains the age of 18. Executors have expressed concern over the grandchild (currently aged 16) inheriting such a large sum of money at 18. Can the executors apply to the court to vary the Will to increase the age at which the grandchild will inherit? Would the costs of the application be payable from the legacy, would the estate bear the costs or the executors personally?

The trustees specified in the Will (who may be the executors) may have been given sufficient power of advancement under section 32 of the Trustee Act 1925 in the Will, in which case, the trustees could make a settled advance in favour of the child, thereby deferring the age of entitlement.

See Practice Note: Trustees—power of

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