Section 3(3) Children Act 1989 gives parents and guardians the right to receive or recover in their own name, for the benefit of a minor, property which the minor is entitled to receive or recover. Parents and guardians can therefore give good receipt on behalf of a minor without a specific power under the Will.
When a minor beneficiary is entitled outright (rather than contingently) to assets under a Will, does section 3(3) Children Act 1989 enable parents and guardians to compel the Will Trustees to release the assets to them. By analogy with past cases it seems that the Trustees are able to exercise discretion as to whether to make payment to the parent or guardian but I would be grateful for any comments on this.
Emma Elston
Hewitsons LLP