Underage beneficiaries living abroad

[Kingston1921]

Hi, my Brother and I are executors to our Sister's will and she left just under £4k to each of her 9 Grandchildren. We have settled 7 of them, however, 2 of her Grandchildren live in Norway and we are wanting to know how we can pay their money to them. Hope that somebody will know. Many thanks

[Amethyst]

Both the children that live in Norway are under 18? ( assuming the Will states 18 ) Are their parents living ? What has been done for grandchildren under 18 that live in this country? I'm not sure that they live in Norway really makes a difference - is there a particular problem you have come up against?

[ostell]

Ask the guardians how they want this paid.

[Peridot]

Hi,
It will be relevant what the Will says, when it was prepared and what technical clauses have been included. If the 2nd edition STEP standard provisions have been mentioned in the technical clauses of the Will then you would be covered passing the sum to parents or guardians of the under 18 grandchildren.

If you can't see that the STEP provisions have been included it may be an idea to post up the wording you do have both in the clauses leaving the grandchildren a sum and any of the technical clauses there are.

As Amethyst mentioned how have you dealt with the underage grandchildren in the UK?

If you are able to pass the sum to the parent/guardian do make sure you get a receipt and indemnity signed form the parent. You will then have covered yourself in the event the money is not eventually passed to the grandchild or used for their sole benefit in the meantime.

Hopefully the wording in the Will once we see it may help us guide you.

[Kingston1921]

Both the children that live in Norway are under 18? ( assuming the Will states 18 ) Are their parents living ? What has been done for grandchildren under 18 that live in this country? I'm not sure that they live in Norway really makes a difference - is there a particular problem you have come up against?

Hi. There is only one grandchild of the 7 in the UK who is under age (14) and my Brother and co executor has opened an account with his building society and he had to obtain a birth certificate and 2 utility bills from the child's father and he will be the trustee until the child is old enough. The building society said they were unable to do the same for the 2 children in Norway (both around 9 years old)
The part of my Sister's will relating to the grandchildren states 'UPON TRUST - to pay the residue of the said monies and the investments for the time being representing the same (hereinafter called my 'residuary estate) to such of my grandchildren as are living at the date of my death and if more than one in equal shares.

[Kingston1921]

Hi,
It will be relevant what the Will says, when it was prepared and what technical clauses have been included. If the 2nd edition STEP standard provisions have been mentioned in the technical clauses of the Will then you would be covered passing the sum to parents or guardians of the under 18 grandchildren.

If you can't see that the STEP provisions have been included it may be an idea to post up the wording you do have both in the clauses leaving the grandchildren a sum and any of the technical clauses there are.

As Amethyst mentioned how have you dealt with the underage grandchildren in the UK?

If you are able to pass the sum to the parent/guardian do make sure you get a receipt and indemnity signed form the parent. You will then have covered yourself in the event the money is not eventually passed to the grandchild or used for their sole benefit in the meantime.

Hopefully the wording in the Will once we see it may help us guide you.

Hi. There is only one grandchild of the 7 in the UK who is under age (14) and my Brother and co executor has opened an account with his building society and he had to obtain a birth certificate and 2 utility bills from the child's father and he will be the trustee until the child is old enough. The building society said they were unable to do the same for the 2 children in Norway (both around 9 years old)

The part of my Sister's will relating to the grandchildren states 'UPON TRUST - to pay the residue of the said monies and the investments for the time being representing the same (hereinafter called my 'residuary estate) to such of my grandchildren as are living at the date of my death and if more than one in equal shares.

[Kingston1921]

Hi,
It will be relevant what the Will says, when it was prepared and what technical clauses have been included. If the 2nd edition STEP standard provisions have been mentioned in the technical clauses of the Will then you would be covered passing the sum to parents or guardians of the under 18 grandchildren.

If you can't see that the STEP provisions have been included it may be an idea to post up the wording you do have both in the clauses leaving the grandchildren a sum and any of the technical clauses there are.

As Amethyst mentioned how have you dealt with the underage grandchildren in the UK?

If you are able to pass the sum to the parent/guardian do make sure you get a receipt and indemnity signed form the parent. You will then have covered yourself in the event the money is not eventually passed to the grandchild or used for their sole benefit in the meantime.

Hopefully the wording in the Will once we see it may help us guide you.

Hi. There is only one grandchild of the 7 in the UK who is under age (14) and my Brother and co executor has opened an account with his building society and he had to obtain a birth certificate and 2 utility bills from the child's father and he will be the trustee until the child is old enough. The building society said they were unable to do the same for the 2 children in Norway (both around 9 years old)

The part of my Sister's will relating to the grandchildren states 'UPON TRUST - to pay the residue of the said monies and the investments for the time being representing the same (hereinafter called my 'residuary estate) to such of my grandchildren as are living at the date of my death and if more than one in equal shares.

[Peridot]

Hi again,

Apologies for the delay. The part you have quoted is the legacy to the grandchildren. In many more recently prepared Wills there will be a clause towards the end of the Will. It may have a heading Technical Clause and include something like the following:-
TECHNICAL CLAUSES
a. The Standard and Special Provisions of the Society of Trust and Estate Practitioners (2^nd Edition) shall apply to this Will
b. In my will, “children” includes those who are legitimate, illegitimate or adopted; but does not include step-children, nor natural children who have been adopted by another person; and other terms describing family relationships are to be interpreted accordingly.

If the STEP standard provisions are included then it would be perfectly acceptable to pay the money to the parent or guardian of the grandchildren in Norway to hold for the children once they reach the age stipulated in the Will. If they have not been included there may be other wordings that could allow this. It would of course be advisable for the executors to be provided with an indemnity from the parent or guardian if this route is taken.

If not then the sum can be placed in an interest bearing account in the name of the executor. The grandchildren would be entitled to the interest (if they wanted although interest rates being as low as they are it is probably immaterial currently) until they reach 18 or other age as stipulated in the Will, but the capital sum would remain in the account until they reach 18 and can receive the sum themselves.

They could approach the trustee (executor) for an advance at anytime. Provided the sum was to be used for their welfare and benefit it would be reasonable to advance part of their legacy. This could be something such as driving lessons or school trip payment, college fees etc.