Updated 22 October 2026
Administration of Estates - Potential Problem #13: Estate Administered by a Minor
Administering an estate is a complex and often challenging task. It involves identifying assets, paying liabilities, dealing with tax and distributing inheritances. When a will names a child as executor, the family must first establish who has legal authority to undertake that work.
In NSW, a person under 18 cannot obtain a grant of probate. However, naming a minor does not, by itself, invalidate the will. The law provides ways for an adult to administer the estate while protecting the child’s interests and preserving the possibility of a later grant to the named executor.
1. Understand the difference between being named and being able to act
A parent may name their child as executor expecting that the child will be an adult when the will takes effect. An unexpected death can expose a gap in that planning. The appointment must then be considered alongside the child’s age, the will’s wording and any other executor appointments.
Legal Aid NSW’s probate guidance explains the options where an executor is a minor. A family cannot overcome the age issue simply by agreeing that a mature teenager should sign the estate documents. Nor does naming a child as executor mean that the child automatically inherits the estate.
2. Check whether an adult executor can apply
Read the complete will, including any later codicil, before deciding who should apply. If an adult is appointed alongside the minor, the Court may grant probate to the adult executor, with permission reserved for the minor to apply upon reaching 18.
A substitute executor may also be relevant, but their eligibility depends on the wording of the substitution clause. A clause triggered only by an executor’s death may not address the situation where that executor is alive but underage.
The person handling the application should explain the minor’s position accurately. It is important to distinguish a temporary inability to obtain probate from a permanent removal or renunciation of the appointment.
3. If the minor is the sole executor, consider an adult administrator
Section 70 of the Probate and Administration Act 1898 allows the Court to grant administration with the will annexed to the minor’s guardian or another person the Court considers suitable. This provides a route for managing the estate during the executor’s minority.
The adult acts under the grant, which may confer full or limited powers. The Court is not rewriting the will or simply declaring a family member to be the replacement executor. The applicant must establish the basis for the grant and comply with its terms.
The Law Society of NSW’s wills and estates FAQs explain administration during minority and the possibility of a later grant. Turning 18 does not automatically transfer control of bank accounts or property. The grant, any further application and the handover must be addressed properly.
4. Keep the child’s different roles separate
An executor administers the estate. A beneficiary receives an entitlement. A trustee manages property held on trust, while a guardian has a separate role concerning the child. The same adult may have more than one role, but the authority for each must be checked.
A child can be a beneficiary even though they cannot obtain probate. Their inheritance does not become the property of a parent or guardian. Likewise, being responsible for the child’s day-to-day care does not automatically authorise someone to withdraw estate money or sell the deceased’s home.
Where the will creates a trust for a child, check its terms, the trustee’s powers and the conditions governing payment. The child’s eighteenth birthday and the date their inheritance becomes payable are not necessarily the same.
5. A real NSW case involving a child beneficiary
In Ackerley v Felton (2012), the NSW Supreme Court considered an informal will and arrangements for administering an estate benefiting a ten-year-old child, Corey Gates. Corey was a beneficiary, not a named minor executor.
The Court admitted the informal will and assigned the deceased’s brother, Darren Ackerley, as guardian for the specific purpose of obtaining the administration grant for Corey’s use and benefit. It directed that administration with the will annexed be limited until Corey turned 18.
This appointment did not remove Corey from his mother’s care. The distinction matters: guardianship for an estate application is not necessarily general guardianship of the child.
The case demonstrates how the Court can put an adult in charge of administration while protecting a minor’s interests. It does not establish that a child may personally administer an estate or that every family will receive the same orders.
6. Protect the inheritance as well as the estate
Where a minor is entitled under intestacy or administration with the will annexed, additional safeguards may be required. The Supreme Court’s Protocol for Minors addresses specified situations where suitable sureties for an administration bond are unavailable.
In cases covered by the protocol, an administrator undertakes to place the minor’s entitlement with NSW Trustee and Guardian. The protocol also allows the person with parental responsibility to request funds for the child’s maintenance, education, advancement or benefit. It is not a rule requiring every inheritance left to a child to be managed this way.
For context, NSW Trustee and Guardian’s 2024–25 annual report records 8,772 trusts worth approximately A$820 million at 30 June 2025. These cover children and adults; they are not statistics about how often minors are named as executors.
7. Take practical steps rather than leaving the estate unattended
Step 1 — Locate the documents. Gather the original will, any codicils, the death certificate and evidence of the named executor’s age. Identify adult co-executors and possible substitutes.
Step 2 — Protect the assets. Check security, insurance and urgent property issues. Record assets and liabilities, including mortgages, tax correspondence and unpaid accounts.
Step 3 — Establish the right applicant. Ask a solicitor to identify the appropriate grant and what evidence, consents or safeguards the Court requires. A family vote does not replace legal authority.
Step 4 — Keep proper accounts. Once authorised, the administrator should document decisions, receipts and payments and keep estate funds separate from personal money. Avoid promising distributions before liabilities and entitlements are clear.
Step 5 — Plan any later handover. Review the grant as the child approaches adulthood, including outstanding administration and any continuing trust. Provide appropriate information without placing adult legal responsibilities on the child prematurely.
8. Review the will before a problem arises
Choose executors who are willing and practically able to act, and consider suitable adult substitutes. Discuss who should manage a child’s inheritance, how funds may be used for their benefit and what should happen if an appointed adult cannot continue.
Review the arrangements after births, deaths, relationship changes or changes in an executor’s circumstances. Do not rely on informal handwritten alterations; the document needs to meet the applicable legal requirements.
A straightforward single will starts from $440 including GST. We confirm your fee in writing before we start.
This is a will-drafting fee, not a quote for court applications. Complex trusts, administration during minority and disputes require separate assessment and pricing.
Contact CM Lawyers for help reviewing executor appointments or obtaining the appropriate estate administration grant. Bring the existing will so the options can be assessed against its actual wording.
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