How to protect the interest of minor child through will?
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The Indian Succession Act, 1925 provides the legal framework to secure their financial and personal welfare. Key Steps to Safeguard Minor's Interest in a Will 1. Mention the Minor as a Beneficiary Clearly state in the Will that a portion or full part of the property/assets is to be inheritedRead more
The Indian Succession Act, 1925 provides the legal framework to secure their financial and personal welfare.
Key Steps to Safeguard Minor’s Interest in a Will
1. Mention the Minor as a Beneficiary
Clearly state in the Will that a portion or full part of the property/assets is to be inherited by the minor child.
Example clause:
“I bequeath ₹10 lakhs and 50% share of my residential house to my minor son [Name], aged [X years].”
2. Appoint a Guardian for the Minor (Section 60)
If both parents are not alive or the surviving parent is not deemed fit, the Will should name a guardian for the minor.
Under Section 60 of the Indian Succession Act, 1925, you may appoint a guardian for a minor child through a Will.
“In the event of my death, I appoint my sister [Name] as the guardian of my minor son [Name] until he attains the age of majority.”
3. Create a Trust or Appoint an Executor/Trustee
Until the minor reaches 18 years, he/she cannot legally own property. Hence, create a trust or appoint a trustee in the Will to manage the assets.
Example clause:
“I direct that the assets be held in trust by [Name] until my child attains 18 years of age, and the income be used solely for education, living, and welfare.”
4. Specify the Use of Funds
Mention in the Will how the funds should be used — for education, health, marriage, or day-to-day living.
This ensures that the appointed guardian/trustee doesn’t misuse the money.
5. Ensure Proper Safeguards
You can include conditions such as: