Age of vested beneficiary


(taurean) #1

I have a client that does not want their children to inherit anything until age 30. This seems to be a general principle rather because they have a specific reason. I have a vague recollection that the courts are not too keen on testamentary gifts being delayed beyond a certain point, but I cannot recall any authorities for this.

Is there a firm (or general) limit, and if so, where is this established?

Taurean Drayak
Elliot, Bond & Banbury


(Paul Saunders) #2

One aspect of the 2006 IHT changes was to encourage the vesting and
satisfaction of entitlements at age 18.

Other than this, an the general rule that you cannot defer satisfaction
of a fully vested entitlement (applying Saunders v. Vautier) beyond the
date of vesting, I am not aware of any prohibition on deferring an
inheritance until, say, age 30 or even age 50.

The essential factor is that the entitlement cannot vest before the
specified age. Clearly something will need to be done with the income -
whether IIPs are created, or it is to be accumulated subject to a
discretion to distribute - will be a matter for discussion with the
testator.

Paul Saunders