Many people assume that only adults can create legally enforceable wills. In most situations, that assumption is correct. State laws generally require a person to be at least 18 years old to execute a valid will. However, there are important exceptions that can apply in certain circumstances.
One common exception to this general rule involves emancipated minors. An emancipated minor is a person under the age of 18 who has been legally granted many of the rights and responsibilities of adulthood. Depending on the laws of a particular state, an emancipated minor may have the legal capacity to create a valid will. Because emancipation laws vary, the exact requirements and rights associated with emancipation differ from one jurisdiction to another.
Another situation that occasionally arises involves terminally ill children. Some states recognize limited exceptions that allow certain minors to engage in estate planning activities under particularly limited and tragic circumstances. In other jurisdictions, alternative legal mechanisms may be available to address a minor’s assets and personal wishes. The applicable rules of any particular situation depend heavily on state law.
When minors want to take action but can’t draft a formal will
Even when a minor cannot create a legally enforceable will, that does not necessarily mean planning is impossible. Parents, guardians and attorneys may be able to use trusts and other estate planning tools to address concerns involving inheritances, settlements, financial accounts or family property. These tools can provide structure and guidance regarding how assets should be managed and distributed.
The issue sometimes becomes particularly relevant when a minor owns significant property. For example, a child may receive an inheritance from a relative, become the beneficiary of a personal injury settlement or accumulate substantial assets through entertainment, athletics or business activities. In those situations, families often seek guidance regarding how those assets will be handled if the unexpected occurs.
Because laws governing minors and estate planning vary significantly by state, families should avoid relying on assumptions. Seeking legal guidance is generally the best way to benefit from accurate, informed approaches.