When a child inherits money following the death of a parent, many families assume the surviving parent will automatically control the funds until the child turns 18.

The reality is often very different, and misunderstandings about a child's inheritance can quickly lead to conflict.

Who controls a child's inheritance?

One of the biggest surprises for families is that a child's inheritance is not normally controlled by the child or automatically by the surviving parent.

Instead, it is usually managed by trustees. These may be people named in a will, administrators of an estate or, in some cases, individuals appointed by the court.

Trustees have strict legal duties. Their role is to protect the child's inheritance and make decisions in the child's best interests.

What if there is a will?

Where a parent has left a will, the first question is usually: What does the will actually say?

Some wills allow children to inherit at 18, whilst others delay access until 21, 25 or even later. The will may also give trustees powers to use money for education, housing or maintenance before the child reaches the relevant age.

Problems often arise where the will is outdated, unclear or no longer reflects family circumstances.

What if there is no will?

When a parent dies without a will, the intestacy rules apply.

Although the child's entitlement is protected by law, they still do not usually receive the money outright until adulthood. Their inheritance is held on trust until then.

This can lead to disagreements about:

• Who should manage the money
• Whether the surviving parent should be involved
• How much should be spent on the child before they reach adulthood

Why do disputes arise?

Some of the most common disputes involve:

• Parents seeking greater access to funds
• Trustees refusing requests for expenditure
• Concerns about how money is being managed
• Disagreements over education or living expenses
• Tensions between parents, step-parents and extended family

Takeaway

When children are beneficiaries, probate becomes more complex and emotionally sensitive. Understanding who controls the inheritance and how decisions should be made can help avoid disputes and ensure the child's interests remain the focus.

If you're facing a dispute or challenges regarding inheritance or probate, it's important to seek legal advice to understand your options. Our specialist contentious probate team are here to help and advise you on the next steps to take.