Writing a will for a 10 yr old
Writing a will for a 10 yr old
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Petrus1983

Original Poster:

10,928 posts

186 months

Sunday 5th January 2025
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I'm aware I need to write a will - but the main main beneficiary is currently 10 and I don't want him to inherit anything before he's 25 (with provisions for education, life experiences etc). Is the easiest thing to leave it to my brother (who I trust) and give him instructions on how to handle it if I meet my maker?

Mr E

22,728 posts

283 months

Sunday 5th January 2025
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Speak to a professional

I suspect what you need is a trust

Louis Balfour

28,176 posts

246 months

Sunday 5th January 2025
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Petrus1983 said:
I'm aware I need to write a will - but the main main beneficiary is currently 10 and I don't want him to inherit anything before he's 25 (with provisions for education, life experiences etc). Is the easiest thing to leave it to my brother (who I trust) and give him instructions on how to handle it if I meet my maker?
I'd be looking at setting up a trust I think.

Mr Pointy

12,880 posts

183 months

Sunday 5th January 2025
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This has go to be one for a Wills & Trusts lawyer. if you just do as you suggest what happens if your brother dies - your money could end up in his estate & go to his children. Or he re-marries, then dies & it goes to his new wife's children? I'm no expert but it sounds like a Trust for your son might be needed.

alscar

8,245 posts

237 months

Sunday 5th January 2025
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The “ easiest “ solution would be to speak with a solicitor and tell them exactly what you want to happen.
I don’t know whether you also need to consider guardianship for the current child within said will ?
My knee jerk answer would be to leave it to whomever you want to benefit but with the age of inheritance included and perhaps consider the use of a trust / trustees ( could be your brother although you then have to consider his earlier than expected demise ).


C69

1,118 posts

36 months

Sunday 5th January 2025
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Mr E said:
Speak to a professional

I suspect what you need is a trust
This is the answer.

Leaving your child's inheritance to your brother is a really bad idea, simply because you have no way of knowing what might happen in your brother's life after your death.

Your brother could be an ideal trustee, though (perhaps with another family member).

The benefit of establishing a trust is that you retain full control of your legacy, For example, you could say that your son inherits part or all of the trust's value at age 25 at the trustees' discretion. A useful clause if your son has unfortunately developed a substance abuse issue, or become a gambling enthusiast, or done anything else which means giving him a lot of money would be unwise.

Petrus1983

Original Poster:

10,928 posts

186 months

Sunday 5th January 2025
quotequote all
That's for the advice. Re guardianship he currently lives with his mother - if for any reason we both pass away it's already agreed he'd live with his aunt on my ex's side.

Rough101

3,002 posts

99 months

Sunday 5th January 2025
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This is what trusts are actually for, rather than avoiding taxes, speak to a Solicitor, it’s fairly standard.

Mr-B

4,610 posts

218 months

Sunday 5th January 2025
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You need to take advice but the solution will most likely include a standard bereaved minor's trust, or 18-25 trust as it is also known, with a letter of wishes to the trustees regarding the application/distribution of the funds in the trust.

LooneyTunes

9,044 posts

182 months

Sunday 5th January 2025
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C69 said:
The benefit of establishing a trust is that you retain full control of your legacy, For example, you could say that your son inherits part or all of the trust's value at age 25 at the trustees' discretion.A useful clause if your son has unfortunately developed a substance abuse issue, or become a gambling enthusiast, or done anything else which means giving him a lot of money would be unwise.
Don’t forget to say what happens to any surplus in the event of it not all being distributed to son. Can also help keep them on the right path too.

Petrus1983

Original Poster:

10,928 posts

186 months

Sunday 5th January 2025
quotequote all
LooneyTunes said:
Don’t forget to say what happens to any surplus in the event of it not all being distributed to son. Can also help keep them on the right path too.
Indeed. It does worry me that he could potentially have too much too young which rarely works out well.

Sir Bagalot

6,893 posts

205 months

Sunday 5th January 2025
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Speak to a solicitor, and not a will writing company (purely because they're 10 and won't get anything until 25)