Children, wills and trusts: defining beneficiaries and managing risk

As a common law jurisdiction, England and Wales recognises testamentary freedom, allowing parents to determine how their children are provided for under a Will.

This webinar considers the legal and practical issues arising when preparing or interpreting wills and trust documentation involving children, including illegitimate, legitimated, adopted, step and foster children, as well as those born through fertility treatment or surrogacy arrangements.

The webinar will examine key estate planning and inheritance considerations, together with an overview of how the courts approach litigation involving children and the control and administration of inherited funds.

Topics covered include:

• Is there a ‘legal’ definition of child?
• Legal age (milestones) in England and Wales
• Intestacy rules in relation to children
• Wills and trusts:
  • Express provisions
  • Statutory position and case law
• Minor children:
  • Parental responsibility
  • Guardians
  • Gifts to minors
  • Appointment as executors and trustees
• Inheritance (Provision for Family and Dependants) Act 1975
• Other considerations:
  • Impact of IVF, surrogacy, and adoption
  • Transitioning children and grandchildren and Gender Recognition
• Litigation and minor children:
  • Litigation Friends
  • Settlement of claims
  • Control of money
  • Anonymity orders