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Minor Heirs and Guardianship

Concept

Leaving an inheritance to minor children does not mean they will manage it. Until reaching adulthood, a child cannot manage capital, and this is done by a guardian or a specially created structure. Who exactly—it's better to decide in advance rather than leave it to the court.

🍓 A minor inherits but does not manage: until adulthood, the property is managed by a guardian or trust. It is reasonable to appoint a guardian in a will rather than leave the choice to the court.

Two Roles: Guardian and Manager

A guardian takes care of the child (where they live, how they are raised), while a manager handles their property. These can be different people, and often that is wiser: a loving relative is not necessarily a good steward of capital, and vice versa.

Appointment in a Will

In a will, you can appoint a guardian for children and a manager of their inheritance. Without such an appointment, the guardian is determined by the court according to its own criteria—and there is no guarantee it will choose the person the parents would have wanted.

⚙️ Direct inheritance of a large sum by a child means that on the day they reach adulthood, they will receive everything at once. A trust allows payments to be spread out and conditioned—for education, in stages by age, subject to conditions.

Trust for Children

🔗 Related
Types of Trusts · Incapacity Planning · Types of Trusts · Wills in Multiple Jurisdictions · Succession Planning

For significant capital, the classic solution is a trust or foundation for the benefit of children: it manages assets professionally, protects them, and distributes them according to rules (for education, in stages upon reaching a certain age), rather than dumping everything at age 18.

💡 Phased transfer to children is conveniently done through a trust—see Types of Trusts.

This material is for informational purposes and does not constitute individual legal advice.


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