Can A Minor Be A Beneficiary Under A Massachusetts Will?

Naming a grandchild, niece, or nephew in your will feels like a natural, generous choice. But have you thought through what actually happens if that child is still under 18 when you pass away? A minor can absolutely be named as a beneficiary in Massachusetts, but the way that inheritance actually reaches them looks quite different from how an adult beneficiary would receive the same gift.

Why Minors Cannot Simply Receive an Inheritance Outright

Massachusetts law does not allow a minor to directly manage significant property or assets on their own. A child cannot walk into a bank and open an account to hold an inheritance, sign documents related to real estate, or manage investments. This means that even though a minor can be named as a beneficiary, the actual property has to be held and managed by someone else until that child reaches an appropriate age. Without proper planning, this gap can create real complications for a family already dealing with the loss of a loved one.

What Happens Without a Plan in Place

If a will simply names a minor as a beneficiary without addressing how that inheritance should be managed, Massachusetts probate courts generally need to get involved. This often means appointing a guardian of the minor’s property, called a conservator, who must file regular accountings with the court and seek court approval before making many financial decisions. This process can be time consuming, adds ongoing legal costs, and places the minor’s inheritance under continued court supervision until they turn 18, at which point they receive full and immediate access to whatever remains, regardless of whether they are ready to manage it responsibly.

Two Common Tools That Avoid This Problem

Fortunately, Massachusetts law provides more efficient alternatives that many estate plans use specifically to avoid court supervised guardianship. A will can address a minor beneficiary’s inheritance in a few common ways:

• Naming a custodian under the Massachusetts Uniform Transfers to Minors Act, codified at Massachusetts General Laws Chapter 201A, which allows a trusted adult to manage the inheritance without ongoing court involvement until the minor reaches 21
• Creating a trust within the will itself, sometimes called a testamentary trust, which allows a chosen trustee to manage and distribute funds according to specific instructions, potentially well beyond age 21 if that fits the family’s goals
• Naming a trust as the beneficiary of life insurance or retirement accounts, so those assets flow into the same structured plan rather than becoming a separate, disconnected asset

Each of these approaches gives the person creating the will meaningful control over when and how a minor eventually receives their inheritance, rather than leaving that decision to a default legal process.

Why the Right Structure Depends on Your Family’s Situation

A custodianship under Chapter 201A tends to work well for smaller inheritances and comes with less complexity, while a trust offers more flexibility for larger inheritances, staggered distributions, or specific conditions a family wants to build in, such as releasing funds at certain ages or for particular purposes like education. Thinking through which structure actually fits a minor beneficiary’s needs, rather than defaulting to whichever option seems simplest, can make a significant difference years down the road.

Talk to Our Team About Providing for a Minor in Your Will

If you are considering naming a minor as a beneficiary in your Massachusetts estate plan, the structure you choose now can shape how smoothly that inheritance actually reaches them later. Our Norwood estate planning attorneys at Fisher Law, LLC help clients throughout the Greater Boston area build plans that protect young beneficiaries. Reach out to our team today.

Source:

malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter201A