Wills - one minor, one over 18 years old

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diceyreilly

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Hi my partner (married) and I are making our wills to cover if one of us dies.
We’ve 2 children 17 & 19.
Any opinions : Do we appoint our 19 year old as trustee and executor and one other person ( ie uncle or aunt that we both agree on) or our Solicitor with our 19 year old. I know these are opinions but trying to have interim sorted then change when minor reaches 18 & reassess options then. Thanks to all for any input,
 
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Why not ask an uncle or aunt to assume this role in the event of the worst happening?

It seems like a terrible idea to impose all the concomitant obligations on teenagers who at that point would already be both devastated and in a highly precarious position having suddenly lost both their parents.
 
Please do not even consider the option of multiple executors. In my own experience a total disaster, close to a catastrophe, with astronomical legal costs.

Who is to say the two children will still be teenagers when either or both of their parents pass? Name the more sensible, mature, and intelligent of the offspring as executor and leave it at that. KISS.
 
I would recommend against making your solicitor an executor. It effectively locks your children into retaining their firm for probate.

I'd suggest just naming both of your children as executors. The 17 year old will be 18 before long, and you'll need to trust your kids (and display that trust) to manage their own affairs eventually.

Naming one child rather than the other is also basically an insult to the other child and an excellent way to breed resentment amongst your children in my opinion...

(3 of us plus solicitor were named- oldest was 21 when the will was made), only problem was with the solicitor's competence...)
 
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Go and talk to a solicitor, ideally STEP qualified, they will give advice. IMO your children should not be executors until older, I would advise a discretionary trust leading to a fixed trust until an older age, but ultimately it is up to you to decide. Expert advice will help you make the right decision for you.
 
In the event of one of you dying why wouldn't the other act as executor?
 
Yes if either parent survives they would be left estate to distribute but if both parents pass at this time it is then that this is what we’re figuring out what is best for the benefit of the children if that makes sense .
 
Hopefully you will both be spared for many years, but you could both die relatively shortly after making the will and your arrangements should be made with this possiblity in mind.

Make a trusted uncle/aunt/close friend of yours the executor. Not your solicitor. One person only, as mathepac says. Be sure to get their agreement before you name them in the will. In 10 years time or so, when your kids are not only adults but also have a bit of experience of independent living, managing their affairs, etc, then you can update the will and make one of them the executor, if you like.

You should name a guardian for the younger child, in case they are still under 18 when you die. The same uncle/aunt/close friend who is the executor would be the obvious choice.
 
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