Can a parent spend a child's inheritance?

Only for the child's benefit, and only where the will or trust permits it. The funds belong to the child, not the parent.

Duties · 5 min read

Distributing to a beneficiary under 18

A child cannot give a valid receipt for a legacy. The money has to be held on trust until they are entitled, and the executor's role often extends into a trusteeship.

Written and reviewed by Ramani Gill, Founder & CEO — Solicitor, TEP, BA, LLM. Last reviewed 2026-08-19.

The options

Route	When it works
Hold on trust until 18, or the contingent age in the will	The default position
Pay to a parent or guardian to hold	Only where the will expressly permits it
Pay into court	Rare, where there is no one suitable to hold the funds
Use the statutory power of advancement	For the child's maintenance, education or benefit

Reading the will carefully

Is the gift absolute at 18, or contingent on reaching a later age?
Does the will name trustees separately from the executors?
Does it authorise a parental receipt?
Does it widen the statutory powers of maintenance and advancement?

Doing this yourself?

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Running the trust fund

Keep the money in a separate designated account, never mixed with your own
Invest with regard to the standard investment criteria in the Trustee Act 2000
Account for income tax on the trust's income
Keep records for the child to see when they come of age

Two administrators on an intestacy

Where a minor takes an interest under the intestacy rules, the registry usually requires two administrators to apply, precisely because a trust will arise.

GOV.UK — Intestacy and children

Common questions

Can a parent spend a child's inheritance?: Only for the child's benefit, and only where the will or trust permits it. The funds belong to the child, not the parent.

Not sure whether this estate is straightforward?

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