Can minors inherit property under a will or trust?

Answer By law4u team

1. Minors as Beneficiaries: Legal Recognition A minor in India is any person under the age of 18 years. While minors are legally restricted from entering into contracts or managing property, the law explicitly allows them to be beneficiaries of property through inheritance. This means that even though a minor cannot directly manage or dispose of property, they are entitled to receive property under a will, trust, or succession law. The principle behind this is that inheritance is a right conferred by law or by a testator’s choice, and age does not disqualify someone from being a beneficiary. Modern laws, including amendments and frameworks like BNSS-type succession acts, have strengthened safeguards to ensure minors’ interests are protected and property is not misused during their minority. 2. Inheritance under a Will A will is a testamentary document in which a person (the testator) specifies how their property should be distributed after death. In India, a testator can include anyone as a beneficiary, including minors. Minors can be named beneficiaries: There is no legal restriction preventing a minor from inheriting under a will. Execution of the will: When the property is to be transferred to a minor, the law recognizes that the minor cannot manage it independently. Therefore, a legal guardian or executor is appointed to manage the property until the minor attains the age of majority (18 years). Role of the guardian: The guardian is responsible for safeguarding the property, maintaining accounts, using the property for the minor’s benefit (such as education, healthcare, or maintenance), and acting in the minor’s best interest. Mismanagement can attract civil liability and even removal by the court. Court oversight: In cases of dispute, the courts can supervise the management of the property and ensure that the minor’s inheritance is not squandered or misused. For example, if a parent leaves a house and fixed deposits to a 15-year-old child in their will, the property cannot be handed over directly to the child. A guardian, often the surviving parent, will manage the property until the child turns 18. 3. Inheritance under a Trust A trust is a legal arrangement where a property owner (settlor) transfers assets to a trustee to manage for the benefit of one or more beneficiaries. Trusts are especially useful when minors are involved. Role of the trustee: The trustee takes legal responsibility for managing the property in a way that benefits the minor. Unlike guardians, trustees are usually professional or appointed with legal authority to manage the property prudently. Conditional management: Trust deeds can specify conditions for how and when the minor receives the property. For example, the trust may allow the minor to access a portion of income from the property at a certain age, but the principal property may only be released after reaching 21 years. Protection against misuse: Since minors cannot legally consent to transactions, the trust ensures that the property is protected from creditors or unscrupulous individuals until the minor is capable of managing it independently. Trusts offer a flexible and structured mechanism to handle minor inheritance, especially for significant assets like real estate, business shares, or intellectual property. 4. Modern Legal Safeguards Modern Indian law emphasizes the protection of minor beneficiaries under wills and trusts. Key safeguards include: 1. Appointment of Guardians or Trustees: Courts or testators can appoint guardians or trustees who are legally responsible for managing the property. 2. Court Oversight: In cases of disputes or concerns about property misuse, courts can intervene and direct how the property should be managed. 3. Fiduciary Duty: Guardians and trustees have a legal obligation to act in the best interests of the minor. Any breach can result in legal consequences. 4. BNSS-type reforms: Modern succession and estate planning frameworks encourage clear documentation and professional management, ensuring transparency and accountability in managing minor inheritances. These safeguards ensure that minors’ property is protected from mismanagement, exploitation, or loss during their formative years. 5. Practical Implications of Minor Inheritance 1. Bank Accounts and Financial Assets: Financial assets inherited by minors, such as bank deposits or shares, are usually held in minor accounts or custodial accounts. The guardian operates the account and can use funds only for the minor’s benefit. 2. Immovable Property: Real estate or land inherited by a minor cannot be sold or transferred without the consent of a court or legal guardian, ensuring protection of the asset. 3. Business Interests: If the minor inherits business shares or stakes, the trustee or guardian may manage them on behalf of the minor until they are legally capable of handling corporate matters. 4. Educational and Welfare Use: Property or funds inherited by minors are often used for education, healthcare, or maintenance, ensuring the child’s upbringing is financially secure. 6. Advantages of Using a Trust for Minor Inheritance Trusts allow conditional and staged distribution, so the property can be released in phases according to the minor’s maturity or needs. Trustees provide professional management, especially for complex assets or investments. Trusts protect assets from potential legal disputes, claims by creditors, or mismanagement by guardians. They also allow parents or testators to include instructions for moral, educational, or social welfare, beyond mere financial protection. 7. Key Takeaways Minors can inherit property under a will or trust in India. They cannot manage property themselves, so a guardian or trustee manages it until they reach the age of majority. Courts and modern legal frameworks ensure that minor inheritance is protected from misuse or mismanagement. Trusts provide flexible, structured management, allowing staged distribution or conditional access to property. Mismanagement by guardians or trustees can result in civil liability, court intervention, or removal from responsibility. Overall, the law balances the minor’s right to inherit with practical safeguards to ensure the inheritance benefits the minor. In conclusion, Indian law recognizes that age is no barrier to inheritance, but since minors cannot exercise legal rights independently, property must be managed carefully through guardians, trustees, or courts. Modern frameworks like BNSS and updated estate planning laws make this process transparent, secure, and structured, ensuring that a minor’s inheritance is fully protected until they can assume control themselves.

Answer By Ayantika Mondal

Dear client, The answer to your question is yes. A minor can inherit property under a Will or a Trust under Indian law, subject to certain legal safeguards. Under a Will: A minor is legally competent to receive property under a Will. While the minor cannot manage the property themselves, the testator may appoint a guardian or executor to manage the property on behalf of the minor until they attain majority. This is recognised under the Indian Succession Act, 1925, particularly Sections 74 and 211, read with the general principle that a minor can be a beneficiary though not a testator. Under a Trust: A minor can validly be a beneficiary of a trust. As per Section 9 of the Indian Trusts Act, 1882, a person competent to contract may create a trust, and the beneficiary may be any person capable of holding property, including a minor. The trustee holds and manages the trust property for the benefit of the minor until they attain majority. In both cases, the law ensures protection of the minor’s interest through guardianship and fiduciary duties, and the property vests for the minor’s benefit, though management remains with the appointed guardian or trustee. I hope this answer was helpful. For further queries, please do not hesitate to contact us. Thank you.

Answer By Anik

Dear client, as per your query, Minors are legally capable of inheriting property through a Will or a Trust. However, since they lack legal capacity to manage property on their own, they cannot directly control or administer the inherited assets until they attain majority. To address this, the Will or Trust must provide a mechanism for management during the minority of the beneficiary. The minor is the lawful beneficiary of the property from the moment the testator’s Will takes effect or the Trust is created. Ownership vests in the minor in a beneficial sense, even though possession and control are deferred until the minor reaches the prescribed age. The Will or Trust instrument appoints a trustee, who may be a natural guardian, a trusted individual, or a professional trustee. The trustee holds the property in a fiduciary capacity and is legally bound to manage it strictly in accordance with the instructions laid down by the testator. During the minority of the beneficiary, the trustee is responsible for managing the assets prudently and then applying the income or corpus for the minor’s welfare. This typically includes all the expenses which is related to the education, healthcare, maintenance, and overall well-being, ensuring that the property is preserved and used solely for the minor’s benefit. Once the minor attains the age which is specified in the Will or Trust, commonly 18 or 21 years, the trust arrangement comes to an end. At this stage, full ownership, possession, and control of the property are transferred to the beneficiary, who then becomes legally competent to manage all the assets independently. I hope this answer was helpful. For further queries, please do not hesitate to contact us. Thank you.