When drafting a clients’ will, we are often asked whether a minor ( a child under 18) can inherit property?

In South Africa a minor child can own an inherited property and it is legal to bestow this onto your child in your will.

As background just the following regarding ownership of property and minor children:

In South Africa a minor child (under the age of 18) may not enter into contracts without the express or implied consent of their legal guardian.

A minor child is also not eligible to purchase immovable property without such consent.

In South Africa a minor child may inherit a property, whether by way of a will or the Intestate Successions Act, that child will own the inherited property and take transfer with the assistance of their legal guardian.

Practically this will mean that although the minor child is the owner of the property, the legal guardian is responsible for managing the property until the child reaches the age of 18 and  can  manage his own affairs.

Should the minor child wish to sell or mortgage the property before turning 18, he or she would need the assistance of the legal guardian in order to do so, and in some cases the Consent from the Master of the High Court in order to sell the property.

We recommend that proper estate planning is done to find an alternative, for example to create a testamentary trust, in which case the property will vest in this trust until such time as the minor obtains majority or until the age as given in the trust deed.