Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Beneficiary definition

What does Beneficiary mean? In legal practice, a beneficiary is the person or entity for whose benefit property is held or administered, most commonly under a trust or will. In trust law, the trustee holds legal title while the beneficiary holds the beneficial (equitable) interest and may enforce the trust. The term is largely descriptive rather than uniformly defined by statute, though particular Acts, scheme rules and trust instruments may define beneficiary classes. Key features include: fixed or discretionary entitlements; present, future, contingent or defeasible interests; and eligibility of individuals, charities and other bodies. Beneficiaries may, subject to the trust terms and capacity,...

Provision for minors in wills: bare, bereaved minors, 18–25, disabled persons and discretionary trusts; beneficiary definitions, tax and s 33 anti‑lapse (Wills Act 1837) (England and Wales)

Published by a LexisNexis Private Client expert

Practice notes

This Practice Note sets out a summary of the key considerations when a testator intends to benefit minors in their Will. It also signposts further resources relevant to making gifts to minors.

Types of provision for minors

As a starting point, a gift for a Beneficiary who is under 18 must be held for them until they reach that age. Accordingly, where a testator wishes to provide for a minor, possible approaches include:

a Legacy that vests for the child via the minor’s parents or guardians on the testator’s death if the child is still under 18
leaving the relevant estate to the surviving spouse for life, on the basis that, if they do not survive the testator, the assets pass to surviving issue either immediately or at a specified age. See Precedents: Will—to spouse on flexible Life interest trust, remainder to children absolutely and Will—to spouse absolutely, then to children absolutely
making the gift conditional on the beneficiary attaining 18 (see below regarding the lapse of gifts)
settling the gift on trust for minors where it is not appropriate for the interest to vest outright

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Adam Carvalho

Adam Carvalho has more than 15 years' experience as a contentious Private Client lawyer. Most recently, he was a Legal Director in the Contentious Trusts and Probate Team at Myerson, where he worked on complex and high-value contentious trust and probate matters.Adam trained, qualified and worked as a senior associate and partner in a central London firm in the Tier 1 nationally for Contentious Trust and Probate work.Adam has considerable experience of ultra-high value litigation, cross-jurisdictional matters and disputes in non-UK courts. Adam has litigated in the Supreme Court, Court of Appeal, and advised in relation to complex matters in courts from Bermuda to New Zealand. Adam is known for his constructive, pragmatic advice, his down to earth approach, and his technical knowledge. Adam is a firm believer in focusing on the main issues and providing sound and accessible advice....

Web page updated on 21/05/2026

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