Minor beneficiaries and number of Trustees

Trusts Discussion
1

I was always under the impression that there is a legal requirement to appoint two Trustees where there are minor beneficiaries but I cannot find the legislation that relates to this. Does anyone know where I can find this legal requirement.

Thank you.

2

s.42 Administration of Estates Act 1925.

However, it might be noted that in Penelope Reed’s Trusts and Estates Handbook (2002), she comments:

Although at first sight this section appears to apply to a minor child entitled under an intestacy, it only applies where there are absolute interests and not where children are contingently entitled, see Re Yerburgh, Yerburgh v. Yerburgh [1928] WN 208. Under s.47, below, which provides for the interests arising on an intestacy, children are normally contingently entitled. However, the section could apply where the child has married before attaining majority, see Re Wilks, Keefer v. Wilks [1935] Ch 645.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

1 Like
3

Hi Paul

Thank you for this, if the Will provides for a contingent entitlement for a minor beneficiary, I am therefore of the understanding that s42 does not apply meaning that there is no legal requirement for two Trustees in those circumstances? Apologies if I am not understanding this correctly.

Thanks

Sherelle

4

Yes, that’s my interpretation of the note in Penelope Reed’s Handbook

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals

PO Box 421, Wilmslow, Cheshire SK9 0EX

T: 07712 664127

Email: paul@paulsaunders.net

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5

Thanks Paul, much appreciated.

Sherelle