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Minor

Also known as: Child (legal context), Under-18, Infant (archaic legal term)

Definition

A minor is anyone under 18 years old who has not yet reached the age of majority and therefore has limited legal capacity to manage assets or make binding legal decisions.

Understanding who is a minor matters when making a will because while minors can inherit, they cannot directly receive or manage assets until they turn 18.

What Does Minor Mean?

Under the Family Law Reform Act 1969, Section 1(1), the age of majority in England and Wales is 18. This legislation, which came into force on 1 January 1970, reduced the age of majority from 21 to 18. Anyone under 18 is legally a minor who has not attained "full age" or complete legal capacity. The Children Act 1989 reinforces this definition, establishing that a child is someone under 18 years old. Being a minor means having limited legal capacity—minors cannot make a valid will, enter into binding contracts, or directly manage inherited assets.

Minors can absolutely be beneficiaries in wills—this is a critical point many people misunderstand. However, minors cannot directly receive or manage inherited assets until they turn 18. When you leave assets to a minor in your will, those assets must be held "in trust" by trustees until the minor reaches 18. For example, Sarah leaves £50,000 to her 12-year-old daughter Emma in her will. Emma cannot receive the money directly at age 12—it must be held in trust by trustees (perhaps Sarah's sister) until Emma turns 18, at which point she gains full legal control of the inheritance. The trustees manage the assets for Emma's benefit in the meantime and can use funds for her education, housing, and welfare.

You can specify a later age for inheritance if you prefer. David leaves his property worth £280,000 to his 16-year-old son James, but specifies in his will that James should not receive the inheritance until age 25. Even though James is only two years from turning 18, the property will be held in trust until he reaches the age David specified. This approach allows parents to ensure their children are financially mature before receiving large inheritances. If no trustees are named in the will, the law creates a statutory trust automatically to protect the minor's inheritance.

The term "minor" or "my children" in a will typically only includes biological and legally adopted children. Stepchildren are not automatically included, even if you've raised them since birth and they live with you full-time. If you want stepchildren to inherit, you must specifically name them in your will. This distinction is particularly important in blended families, where many stepparents assume their close relationship with stepchildren creates automatic legal inheritance rights—it doesn't under UK law.

Common Questions

"Can I leave money to my young children in my will even though they're only 8 and 10 years old?" Yes, you can absolutely leave money or assets to your minor children in your will. Because they're under 18, they cannot receive the inheritance directly. The money will be held in trust by trustees you appoint until each child turns 18, at which point they'll receive their inheritance outright.

"My stepchildren live with me full-time—are they automatically included as minors in my will?" No, stepchildren are not automatically included in your will even if they live with you. You must specifically name them as beneficiaries if you want them to inherit. The term "children" or "minors" in a will typically only includes your biological and legally adopted children unless you explicitly state otherwise.

"What happens if my child turns 18 before my estate is distributed—do they still get their inheritance through a trust?" If your child turns 18 after your death but before the estate administration is complete, they will receive their inheritance directly once they turn 18—no trust is needed. The key date is when they actually receive the assets, not when you died, so they must be 18 at the point of distribution to receive assets outright.

Common Misconceptions

Myth: Children under 18 cannot inherit anything—I need to wait until they're adults to leave them money in my will.

Reality: Minors can absolutely inherit money and assets under a will. They simply cannot manage or receive those assets directly until they turn 18. The inheritance is held in trust for their benefit, and trustees manage it on their behalf until they reach adulthood. Under the Family Law Reform Act 1969, once they turn 18, they gain full legal capacity and receive the inheritance outright.

Myth: My stepchildren are legally my children because they live with me, so they'll automatically be minors in my will.

Reality: Stepchildren are not automatically included when your will refers to "my children" or "minors," even if you've raised them since birth and they live with you full-time. You must specifically name stepchildren as beneficiaries in your will if you want them to inherit. Only biological children and legally adopted children are automatically included under standard will terminology.

Understanding Minor connects to these related concepts:

  • Guardian: When writing a will that names minor children as beneficiaries, you should also appoint a guardian who would have parental responsibility for raising those children if both parents die.
  • Trust for Minors: Any assets left to a minor must be held in a trust for minors until the child reaches 18 or a later age specified in the will.
  • Age of Majority: The age of majority (18 in England and Wales) is the precise moment when a person stops being a minor and gains full legal capacity.
  • Parental Responsibility: Parental responsibility refers to the legal rights and duties regarding a minor child, which guardians assume if appointed in your will.
  • Beneficiary: A minor can be a beneficiary who inherits under a will, but being a minor creates special requirements around how that beneficiary receives and manages their inheritance.
  • Article on leaving assets to minor children: Explains the trust structures and practical considerations when naming children under 18 as beneficiaries.
  • Article on guardian appointments: Details how to choose and appoint guardians for minor children in your will.
  • Article on blended family wills: Clarifies which children are automatically included as minors and how to ensure stepchildren inherit.
  • Article on trust ages and inheritance: Explores whether to use age 18, 21, or 25 for children to receive their inheritance.

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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.