One issue that advisers need to be aware of in this area however is that even where, on the face of the document, the age at which an infant beneficiary might appear to be entitled is over 18 (for example if the age of 25 is nominated) there can be situations that as soon as the relevant beneficiaries reach the age of majority (18) they can legally require the assets be transferred to them.
In other words, even though the will may mention that entitlements are not to be taken until the age of 25, a beneficiary may be able to force a trustee to distribute assets to them on them turning 18 years of age.
The rules in relation to this issue can be complex, however essentially there are cases that support the argument that if there is no contingent requirement that needs to be satisfied by the beneficiary then they will be able to force the distribution of the assets to them.
** For the trainspotters, the title of today's post is riffed from the Ned’s Atomic Dustbin song ‘Stuck’.
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