What Happens when the Beneficiary of my Estate is a Minor?

Dealing with the passing of a parent is an emotionally challenging experience, and navigating the legal aspects can become particularly complex when a minor child is involved. In the context of inheriting as a minor (under 18 years in South Africa), various scenarios may unfold due to legal constraints preventing the direct inheritance of cash or property in the minor’s name.

• Establishing a Trust through a Last Will and Testament: In cases where a Last Will and Testament exists, provisions for the establishment of a trust may be outlined to safeguard the minor’s inheritance. Specific conditions, such as access timelines and other considerations, could be stipulated in the Will. The trust aims to protect the minor’s interests, with a designated trustee managing the assets in the child’s best interest. Selecting a trustworthy individual for this role is crucial. Additionally, the trust may cover the child’s maintenance expenses.
• Inheritance Without a Will: If there is no Will, the intestate succession law comes into play. The child inherits the entire estate if there is no surviving spouse or other siblings; otherwise, a portion of the estate is allocated. In situations where no will caters for a trust, the inheritance is directed to the Guardians fund, managed by the Master of the High Courts. Accessing the inheritance or claiming child maintenance through this fund involves additional administrative procedures by the minor child’s guardian. 
• Exclusion of the Child in the Will: In instances where a Will explicitly excludes the child from inheriting anything, legal provisions dictate that minors must be cared for until they reach the age of 18, regardless of the testamentary specifications. The executor of the estate is responsible for making appropriate provisions for the minor during the distribution process.

Navigating the legal implications of a minor inheriting an estate requires careful consideration of existing wills, trust provisions, and applicable laws. Choosing responsible individuals to oversee trusts and understanding the intricacies of intestate succession can help ensure the minor’s interests are protected during this challenging time.