Can children under 18 inherit money directly in the UK?

Children under 18 cannot legally hold property or money directly in England and Wales. If a child under 18 inherits, the inheritance is held by trustees on their behalf until they reach 18 (or a higher age specified in the will). Without a trust in your will, the court may appoint trustees — which is slow, expensive, and puts the decision out of your hands. Always include trust provisions for any beneficiary who may be under 18 at the time of your death.

How do I appoint a guardian for my children in my will?

Include a guardianship clause in your will naming your chosen guardian or guardians. The appointment takes effect if: (1) both parents with parental responsibility have died; or (2) the surviving parent has died if you had a child arrangement order giving you sole day-to-day care. The guardian steps into the parental role. You can name one guardian, or a couple as joint guardians. You can also name a substitute guardian in case your first choice cannot act. Always discuss the appointment with the intended guardian first — a court can override an appointment if it is not in the child's best interests.

What is the difference between a trustee and a guardian?

A guardian looks after the child physically and makes day-to-day parenting decisions. A trustee manages the child's inherited money and property until they are old enough to receive it. These are separate roles, and you can appoint different people to each — which is often a good idea. Your most caring friend may be ideal as a guardian, while a financially savvy family member may be better suited to managing a trust fund. Both must act in the child's best interests, but trustees additionally have statutory duties under the Trustee Act 2000.

What age should children inherit under my will?

The legal minimum is 18 — children cannot receive an inheritance directly before then. But many parents prefer a higher age: 21, 25, or even later for very large estates. A common approach is a staged inheritance: 50% at 25, 50% at 30. You can also give trustees discretion to advance funds earlier for specific purposes (buying a first property, funding a degree). Consider your children's maturity: a lump sum at 18 can be financially destructive for a young adult with no financial experience.

What happens to my children if both parents die without a will?

If both parents die without wills, there is no guardian appointment. The local authority may become involved and apply to the family court for a Special Guardianship Order or care arrangements. A family member can apply to the family court to become the legal guardian, but this involves legal proceedings, cost, and delay — during which children may be placed in local authority care. In practice, a relative usually steps in quickly, but the legal uncertainty and process is distressing for children and families. A will resolves this immediately.

Should I set up a trust for my children in my will?

Yes, if any of your beneficiaries might be under 18 when you die, a trust is essential — children cannot hold property directly. Even if your children are currently over 18, a trust provision protects against grandchildren or younger beneficiaries inheriting. The simplest approach is a bare trust (holds assets for a named beneficiary until 18) or a discretionary trust (trustees decide how to distribute income and capital among a class of beneficiaries — ideal for flexibility when you have multiple children of different ages or life circumstances).

What are the 5 most important will provisions for parents of young children?

(1) Guardian appointment — names who raises your children if both parents die. (2) Trustee appointment — names who manages the inherited money. (3) Trust provisions — specifies when and how children receive their inheritance (age, conditions, trustee discretion). (4) Guardianship letter of wishes — a separate non-binding document with detailed wishes on upbringing, education, religion, and values that your guardian should follow. (5) Substitute beneficiary provisions — if a child predeceases you, where does their share go? Without this, a deceased child's share may go to their estate (i.e., your grandchildren through their estate, via intestacy).

Making a Will with Children UK (2026): Guardians, Trusts & Protecting Your Children's Future

Appointing a guardian for your children

A guardian is the person who takes on parental responsibility for your children if both parents (or the sole surviving parent) die. Without a will appointing a guardian, no-one has automatic legal authority to care for your children — the family court decides, often after involvement from the local authority.

A guardianship appointment in your will takes effect when:

Both parents with parental responsibility have died; or
You are the sole surviving parent with parental responsibility and you die

The court can override a guardianship appointment if it is not in the best interests of the child — but in practice, if the appointed guardian is a suitable person who accepts the role, courts follow the parent's choice.

Always ask the guardian first

A court will not force someone to become a guardian against their will. If you appoint someone without asking them and they do not want the role, the court must find an alternative — potentially not the person you would have chosen. Have the conversation; it is awkward but essential.

Trusts for minor children: why they are essential

Children under 18 cannot legally hold property or significant sums of money in England and Wales. If a child inherits before age 18, the money must be held by trustees on their behalf.

Without trust provisions in your will:

The court may appoint trustees (often the Public Trustee or a trust corporation) — slow and expensive
The child receives the full inheritance at exactly 18 — which may not be the right age for a large sum
The guardian and the trustee are the same (the court-appointed trustee) — often undesirable

With trust provisions in your will, you choose:

Who the trustees are (separate from the guardian if you choose)
When the children receive the money (18, 21, 25, or in stages)
What trustees can do with the money before distribution (pay school fees, buy a house)
What happens if a child dies before the trust ends (their share to their children, or back to their siblings)

What age should your children inherit?

Age option	Advantages	Disadvantages
18 (legal minimum)	Simplest; child is an adult	Often too young for a large sum; no life experience
21	Gives 3 more years of maturity	Still relatively young; some may still be in education
25	Most common choice; likely to own property, be in a career	May need funds between 18 and 25 for education, deposit
Staged (e.g., 50% at 25, 50% at 30)	Balances maturity with access; good for large estates	More complex to administer
Discretionary (trustees decide)	Maximum flexibility for different children's needs	Requires trustees you trust completely; ongoing administration

Most WillSafe UK will-kit users choose 25 as the default inheritance age — old enough to be financially responsible, young enough to benefit from the inheritance during career-building years. Consider including a trustee power to advance funds for education, property purchase, or business start-up before the vesting age.

The 5 most important will provisions for parents

1
Guardian appointment (and substitute)
Name your primary choice of guardian and a substitute in case they cannot act. Both should be people who know your children, share your values, and have agreed to take on the role.
2
Trustee appointment (and substitute)
Name separate trustees to manage the children's inherited funds. Choose people who are financially responsible and organised. Professional trustees (solicitors, trust companies) are available if no suitable family member exists.
3
Trust provisions with an appropriate vesting age
Specify at what age or stages children receive their inheritance outright, and what trustees can do with the money in the meantime. Include a power to advance funds for education, property, and other specific purposes.
4
Guardianship letter of wishes
A non-binding private letter addressed to your guardian with guidance on upbringing, education, religion, values, contact with extended family, and how you want your children to be raised. Not part of the will — separate document, no witnesses needed.
5
Substitute beneficiary provisions
If a child dies before you, where does their share go? Options: to their own children (your grandchildren); back to their siblings equally; or to a named charity. Without this, the gift may lapse or create an unintended trust.

Frequently asked questions

Can children under 18 inherit money directly in the UK?: Children under 18 cannot legally hold property or money directly in England and Wales. If a child under 18 inherits, the inheritance is held by trustees on their behalf until they reach 18 (or a higher age specified in the will). Without a trust in your will, the court may appoint trustees — which is slow, expensive, and puts the decision out of your hands. Always include trust provisions for any beneficiary who may be under 18 at the time of your death.
How do I appoint a guardian for my children in my will?: Include a guardianship clause in your will naming your chosen guardian or guardians. The appointment takes effect if: (1) both parents with parental responsibility have died; or (2) the surviving parent has died if you had a child arrangement order giving you sole day-to-day care. The guardian steps into the parental role. You can name one guardian, or a couple as joint guardians. You can also name a substitute guardian in case your first choice cannot act. Always discuss the appointment with the intended guardian first — a court can override an appointment if it is not in the child's best interests.
What is the difference between a trustee and a guardian?: A guardian looks after the child physically and makes day-to-day parenting decisions. A trustee manages the child's inherited money and property until they are old enough to receive it. These are separate roles, and you can appoint different people to each — which is often a good idea. Your most caring friend may be ideal as a guardian, while a financially savvy family member may be better suited to managing a trust fund. Both must act in the child's best interests, but trustees additionally have statutory duties under the Trustee Act 2000.
What age should children inherit under my will?: The legal minimum is 18 — children cannot receive an inheritance directly before then. But many parents prefer a higher age: 21, 25, or even later for very large estates. A common approach is a staged inheritance: 50% at 25, 50% at 30. You can also give trustees discretion to advance funds earlier for specific purposes (buying a first property, funding a degree). Consider your children's maturity: a lump sum at 18 can be financially destructive for a young adult with no financial experience.
What happens to my children if both parents die without a will?: If both parents die without wills, there is no guardian appointment. The local authority may become involved and apply to the family court for a Special Guardianship Order or care arrangements. A family member can apply to the family court to become the legal guardian, but this involves legal proceedings, cost, and delay — during which children may be placed in local authority care. In practice, a relative usually steps in quickly, but the legal uncertainty and process is distressing for children and families. A will resolves this immediately.
Should I set up a trust for my children in my will?: Yes, if any of your beneficiaries might be under 18 when you die, a trust is essential — children cannot hold property directly. Even if your children are currently over 18, a trust provision protects against grandchildren or younger beneficiaries inheriting. The simplest approach is a bare trust (holds assets for a named beneficiary until 18) or a discretionary trust (trustees decide how to distribute income and capital among a class of beneficiaries — ideal for flexibility when you have multiple children of different ages or life circumstances).
What are the 5 most important will provisions for parents of young children?: (1) Guardian appointment — names who raises your children if both parents die. (2) Trustee appointment — names who manages the inherited money. (3) Trust provisions — specifies when and how children receive their inheritance (age, conditions, trustee discretion). (4) Guardianship letter of wishes — a separate non-binding document with detailed wishes on upbringing, education, religion, and values that your guardian should follow. (5) Substitute beneficiary provisions — if a child predeceases you, where does their share go? Without this, a deceased child's share may go to their estate (i.e., your grandchildren through their estate, via intestacy).

Protect your children with a WillSafe UK will

Our Single Will Kit (£20) includes guardian and trustee appointment clauses, trust provisions for minor children, and plain-English guidance for parents in England and Wales. Done in under an hour.

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This article is for general information only and does not constitute legal advice. WillSafe UK is not a firm of solicitors. Laws described apply to England and Wales only. Always consult a qualified solicitor for advice specific to your circumstances.