Wills

mumofjusttwo

I wonder if someone can help.

Can a child make a will? If not, who would inherit any money if the child were to died? Would it be their parent or can this be contested if they are not living with them?

Sorry for all the questions but can not find any thing when doing any searches.

Johnhowell

My understanding is:

Probably a child can not write a Will as they are not of legal age(?)

Under intestacy rules, surviving parents inherit, then siblings, beyond that becomes complicated.
If parents are split - I do not think that makes any difference. Would a child have much of an estate? I thought an adult would have control of any bank, building society accounts - as co-signatory?

Watch Heir Hunters BBC1 09:15 weekday mornings

Hope that helps,
John

mumofjusttwo

Problem is the child lives with her grandparents and has little contact with her father. She was left a little money when her mother died.

Thanks for your help

Johnhowell

I would check on childrens accounts - my understanding is that the adult co-signatory is in essence a joint account holder. When one joint owner passes away the surviving joint owner inherits all - beit parent/grandparent.

If she lives with the grand parents are they then the legal guardians as well? If so, would this be similar to "adoption". In intestacy adoption severs the blood line for inheritance.

Maybe have a free half-an-hour with a family solicitor and see how the child could "will" their wishes. Depends on which way it stands. Do you wish the estranged daughter to "will" to her father or is it to ensure grandparents do not inherit. This could get very messy and expensive.

Good luck,
John

mumofjusttwo

Would much rather the grand parents had the money to be honest as they have looked after her for the last 4/5 years since her mother died.

Not sure if they are the legal guardians but the father never wished for her to stay with him.

notechno

Why would you ask? Is the child dying?

mumofjusttwo

No. thankfully but was looking at doing my will and it came up in the conversation.