MINOR TESTAMENTARY (Bare) TRUST

When children or grandchildren that are still minors (under the age of 18 years) at the time of making your Will, your Will of necessity should contain a bare testamentary trust. It is usually created by an express direction to the Executor/Trustee that part of the Estate is to be held “upon trust” until the beneficiary attains the vesting age that you have specified.

The Executor/Trustee is given certain express powers to deal with a beneficiary’s inheritance where the beneficiary is either not old enough to take it in their own right or unable to manage the property due to disability or other vulnerability.