Definition
Age of majority is 18 in England and Wales—the age when you legally become an adult with full rights to make a will, inherit property directly, and enter into binding contracts.
This determines when you can make a will and when children can receive inheritances outright.
What Does Age of Majority Mean?
Under the Family Law Reform Act 1969, which came into force on 1 January 1970, the age of majority in England and Wales is 18 years old. Before this Act, you didn't become a legal adult until age 21. At 18, you acquire what the law calls "full age"—full legal capacity to make binding decisions, enter contracts, and exercise adult rights. Before 18, you're legally classified as a "minor."
The age of majority is particularly significant for wills and inheritance. Under Section 7 of the Wills Act 1837, you must be 18 or older to make a legally valid will. Rare exceptions exist for armed forces members on active military service or mariners at sea, who can make wills at any age under Section 11 of the Wills Act 1837.
Children under 18 cannot legally accept inheritances directly—they lack "legal capacity" to own property outright. Any gifts to under-18s must be held in trust by trustees until they turn 18. For example, Sarah dies when her daughter Emma is 14, leaving her £100,000. Sarah's will appoints trustees who manage the £100,000 until Emma turns 18. On Emma's 18th birthday, she gains the legal right to receive the full amount.
However, will-makers can specify a higher age to delay when children receive substantial sums. Many parents worry about 18-year-olds receiving large inheritances before they're mature enough. Wills commonly specify ages like 21 or 25, or use staged distributions—half at 21, remainder at 25. Under intestacy rules, children automatically inherit at 18, so you must specify a different age explicitly in your will.
Common Questions
"Can my 17-year-old daughter inherit if I die?" Yes, your daughter can inherit, but she cannot receive the assets directly until she turns 18. Your will should name trustees who manage her inheritance until she comes of age.
"My son is 17 and wants to make a will before university—is this allowed?" Generally no—you must be 18 to make a valid will in England and Wales. The only exceptions are for armed forces members on active service or mariners at sea. Your son should wait until his 18th birthday.
"Will my nephew get his £50,000 inheritance when he turns 18?" By default, yes—if your will doesn't specify otherwise, he'll receive the full amount at 18. However, you can include an age contingency clause stating he receives the money at an older age, such as 21 or 25.
Common Misconceptions
Myth: My child becomes an adult at 18, so they can do absolutely everything an adult can do.
Reality: While 18 is the age of majority for most purposes, some legal rights require older ages. You must be 21 to adopt a child (unless you're the child's parent), and many rights begin before 18—you can work full-time at 16.
Myth: If I don't specify an age in my will, my children will inherit when they're responsible—maybe 21 or 25.
Reality: If your will doesn't specify an age, your children receive their inheritance at 18. If you want them to wait until they're older, you must include an age contingency clause directing trustees to hold the assets until that age.
Related Terms
- Minor: Anyone under 18 is legally classified as a minor and cannot hold property directly.
- Trust for Minors: Children under 18 cannot own property, so any inheritance must be held in trust until they turn 18.
- Beneficiary: A beneficiary under 18 must wait until reaching the age of majority to receive their inheritance.
- Guardian: Parents appoint a guardian to care for children until they reach 18.
- Age Contingency: You can delay inheritance beyond age 18 using an age contingency clause in your will.
Related Articles
- Understanding Trusts for Children: How trusts work when leaving assets to children under 18.
- Planning Inheritances for Young Children: Whether to use age 18 or specify a higher age for inheritances.
- Making Your First Will: A Young Adult's Guide: Requirements for making a valid will, including the age 18 requirement.
- Should Your Children Inherit at 18, 21, or 25?: Whether to delay inheritance access beyond 18.
- Appointing Guardians and Managing Children's Inheritances: How guardianship and trusts work until children reach 18.
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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.