EDUCATIONAL SERIES

What Happens When a Minor Child Inherits

A guide for guardians and families managing a minor's inheritance
Infosheet 14 of 28

When a child under 18 is named as a beneficiary — whether in a will or under the rules of intestate succession — the law steps in to ensure that their inheritance is protected. Children cannot legally manage money or property, and South African law takes this seriously.

Depending on whether the deceased left a will, and whether that will created a trust for the child, the inheritance may be held in a testamentary trust, paid into the Guardian’s Fund managed by the Master of the High Court, or administered by a court-appointed trustee. Each of these options has different implications for how the funds are accessed, managed, and eventually released.

This infosheet explains the protections the law puts in place for minor beneficiaries, how those protections work in practice, and what guardians and families need to understand when a child is set to inherit.

1 Who Is Considered a Minor?

A minor is anyone under 18 years old. South African law protects minors by ensuring their inheritances are managed safely until they reach adulthood.

2 How Minors Receive Inheritances

Minors cannot legally manage money or property. Their inheritance must be protected through:

  • A testamentary trust, if created in the will
  • The Guardian’s Fund, if no trust exists
  • A court-appointed trustee, in certain cases
3 The Guardian’s Fund

If no trust is created, the inheritance is paid into the Guardian’s Fund, where it is:

  • Safely invested
  • Managed by the Master of the High Court
  • Accessible for the child’s maintenance, education, and wellbeing
4 Testamentary Trusts

A will may create a trust for the minor. Trustees then:

  • Manage the funds
  • Make payments for the child’s needs
  • Protect the inheritance until the child reaches the specified age
5 Property Inherited by Minors
  • A guardian or trustee must manage it
  • The Master may require security
  • Property cannot be sold without proper authority
6 Maintenance Claims

Maintenance claims are treated as a creditor claim. Actuarial reports may be needed for the Master to verify these claims.

7 Why These Protections Exist

They ensure the child’s inheritance is preserved and used responsibly.

A Note From Our Practice

Losing someone you love is hard enough. The legal process of winding up their estate should not be a source of additional confusion or anxiety. But for most families, it is.

Estate administration in South Africa is a structured legal process governed by the Administration of Estates Act and a range of other legislation. It involves the Master of the High Court, SARS, financial institutions, the Deeds Office, and more. It takes time. It requires documents. And it can feel, at every turn, like a system that expects you to already know how it works.
We created this educational series because we believe informed families make better decisions and because the questions we are asked most often are the same ones that could be answered before a client ever walks through our door.

The CDT Educational Series consists of 28 infosheets covering the full spectrum of deceased estate administration, from the first 72 hours after a death to the final distribution of assets. Each infosheet is written in plain language, without jargon, and is designed to give you a clear picture of what the process involves and why each step exists.

Important: These infosheets are educational resources. They provide general information about the estate administration process in South Africa and are not intended as legal advice. Every estate has its own facts, complexities, and circumstances. Nothing in this series should be relied upon as a substitute for professional legal guidance specific to your matter.

Our intention is simple: to help you understand the landscape, ask the right questions, and feel confident when you come to us for help. Because when you are ready, we are here.

Cari du Toit & Aqeela Peters

Directors
Cari du Toit Incorporated Attorneys & Conveyancers