2

Pretty much the above, can a minor with say, considerable earned assets of his own have a will made, and if not is there any alternative to a will that's possible for a minor?

  • Usually not. A minor can ask that an adult set up a trust for his or her benefit on terms that the minor requests. – ohwilleke Nov 12 '16 at 7:03
2

This will depend on the state. However, most states have age requirements similar to that found below:

California's Probate Code Section 6100:

  1. (a) An individual 18 or more years of age who is of sound mind may make a will.

One alternative to a will would be a revocable trust with named beneficiaries. There would be adult trustees who would have specified responsibilities for the trust and the trust could specify that its assets are distributed to the minor when he or she reaches the age of majority. Some financial institutions will also act as trustee for a fee.

One can also set multiple conditions on when and how the assets are distributed upon reaching the age of majority. For example, after the subject reaches the age of 18 and creates a last will and testament.

  • Maybe if they are emancipated, under 18 if it can be called a contract. See § 9-27-362 (e)(2). law.justia.com/codes/arkansas/2010/title-9/subtitle-3/… – Andrew Aug 26 '15 at 20:42
  • Regardless of emancipation, Arkansas code specifically outlines that one has to be 18 years of age or older to make a will - see 28-25-101. law.justia.com/codes/arkansas/2012/title-28/subtitle-3/… – Dave D Aug 26 '15 at 20:47
  • Yes; however, they call it a contract: law.justia.com/codes/arkansas/2010/title-28/subtitle-3/… – Andrew Aug 26 '15 at 20:49
  • I don't think they do. I think they're talking about a contract to create a will. For example, I might contract with you to fix your house if you leave your house to me. That provision of the law seems to be indicating that the contract is not valid unless the will itself states the "material provisions of the contract," as one of the requirements. – Dave D Aug 26 '15 at 22:09
  • The majority common law rule related to contracts is that a contract with a minor is only binding if it involves necessities and is not executory (i.e. involves an immediate transaction rather than something to be performed in the future). Usually, will substitutes would not meet these requirements. – ohwilleke Nov 12 '16 at 7:05

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.