The Children Act 1989 provides that the person with parental responsibility for a minor has the same right as a Guardian to receive or recover in their own name assets to which the minor is entitled, for the minor’s benefit.
However, a minor themselves cannot give a good receipt unless the Will document itself provides for this.
A worked example of this is as follows:
David is an Executor under the Will of his late brother Adam
Adam left pecuniary legacies of £10,000 to each of his three grandchildren
Samantha and Michael are 21 and 23 – David can simply provide them with a cheque and request a receipt
Robert is 13.
Since the Will is silent as to receipt by minors, David is uncertain what to do in relation to Robert
David has several options to assist him in discharging his duties, most of which are disproportionate for such a small legacy, and likely to be unattractive, since they require a degree of extended involvement:
Because Robert is absolutely entitled to the legacy, and there are no Trustees holding the interest under the Will, David can appoint two or more individuals as Trustees to hold the legacy until Robert reaches 18. The appointment can be made before the administration of the estate is finalised, and once the Trustees have provided David with a Receipt, he will be discharged from any liability.
David could pay the legacy into Court, discharging him from liability on a Receipt or certificate given by an officer of the Court.
David could retain Robert’s legacy until he reaches his majority at 18. In the meantime, he should of course invest the legacy and may exercise the statutory powers of maintenance and advancement.
One other option available to David is for him to pay the legacy to Robert’s mother (or other individual with parental responsibility) under the powers given in the Children Act 1989.