Meaning of 'in the interest of the child' in testamentary administration?
Questioner
I will soon become testamentary administrator of the inheritance/legacies of 4 minor children, until they are 23 years old. The will states that I can possibly spend money in the 'interest of the child' before they reach the age of 23 (there is no BEM clause). I will account and render an account to the children and their legal representatives every year and once every five years (and when the administration ends) to the subdistrict court. However, it is not clear to me what 'in the interest of the child' means in legal terms and it is not described in more detail in the will. I cannot find anything concrete about it in the civil code. The testator also did not give me clear/unambiguous instructions about what the money may be spent on. Please advise what exactly this term means.Lawyer
'In the best interests of the child' is a term that is widely used in family law and inheritance law, especially in the context of protecting the rights and interests of minors. However, a concrete, uniform legal definition of this term does not exist. In general, this means that the actions or decisions taken must be such that they contribute to the well-being and development of the child. In other words, it must concern matters that benefit the child. For example, consider expenses for education, care, housing or other necessary necessities. As a guardian, you have great responsibility and discretion in determining what is in the best interests of the children. You will always have to consider whether certain expenses are justified based on the needs and interests of the children. In case of doubt or ambiguity, it is always advisable to seek legal advice from a specialized lawyer or attorney who has experience in the field of inheritance law and testamentary administration. They can give you specific and detailed advice based on the will and the specific circumstances of the minor children. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.Neem de volgende stap
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