Raising a child comes with a series of milestones first steps, first day of school, high school graduation. But one major milestone that often gets overlooked when it comes to estate planning is when your child turns 18 and becomes a legal adult.
Hi, I’m Sabrina Winters, Estate Planning and Probate Attorney in Charlotte, North Carolina. If you’re wondering whether you need to update your will or trust now that your child is no longer a minor, the answer is….. maybe. Let’s break it down.
Why Turning 18 Matters in Estate Planning
In the eyes of the law, an 18-year-old is now an adult. That means your estate planning documents especially those addressing guardianship and financial management may need to be re-evaluated.
If your will or trust includes language such as:
“In the event of my death while my child is a minor, I appoint Sara as guardian…”
Then it’s time to assess whether that language still reflects your wishes and whether it’s comprehensive enough to address scenarios beyond simple guardianship.
When Should You Amend Your Will or Trust?
Not every estate plan needs an immediate update when your child becomes an adult. However, you should review your documents if any of the following apply:
✅ 1. Your Will or Trust Only References Minor Children
If your documents are written with language that only applies to minors, you could unintentionally exclude important protections in the event your adult child:
- Becomes incapacitated due to illness or injury
- Needs assistance managing finances or healthcare
- Cannot care for themselves independently
✅ 2. Your Child Has Special Needs or Disabilities
Even after turning 18, a child with special needs may require a legal guardian, trustee, or the establishment of a Special Needs Trust to ensure proper care and financial protection.
✅ 3. You Want to Name Your Adult Child in a New Role
Now that your child is an adult, you may want to:
- Name them as Power of Attorney
- Appoint them as Executor or Trustee
- Designate them as a beneficiary of a retirement account or insurance policy
Updating your plan allows you to reflect those choices legally.
What Happens If You Don’t Update?
Outdated documents can create legal ambiguity. For example:
- Guardianship provisions may no longer apply.
- A court might appoint someone you didn’t choose to manage your child’s affairs if they become incapacitated.
- Your assets might be distributed in ways you no longer intend.
Worst case scenario? You lose the opportunity to legally support your child in a time of crisis.
Key Provisions to Consider Updating
When your child becomes an adult, revisit these areas of your estate plan:
- Guardianship clauses
Remove or revise if they only apply to minors. - Incapacity planning
Ensure you’ve appointed someone to act if your adult child becomes incapacitated. - Trust structure
If you’ve created a trust for your child’s inheritance, consider whether the current terms make sense now that they are older. - Beneficiary designations
Make sure your retirement accounts, life insurance policies, and bank accounts align with your estate plan.
Let’s say your will states that your sister will serve as guardian “if my child is under 18.” But now your child is 19 and suffers a medical emergency, becoming temporarily incapacitated. Because there is no language extending your guardianship instructions or naming a decision-maker for this scenario, your child could end up in court under guardianship proceedings—all while you thought everything was already handled.
Plan for More Than Just the Present
Your estate plan should not only address your child’s status today but also anticipate the what-ifs of tomorrow.
“I like to make sure that these provisions stay in place,” says attorney Sabrina Winters, “so if a child becomes incapacitated in the future—even as an adult—there’s still a plan in place.”
Schedule a Strategy Session Today
Your child turning 18 is a huge milestone—and the perfect time to revisit your estate plan.
Visit sabrinawinterslaw.com to self-schedule a personalized strategy session. We’ll help you make sure your documents are still working for you and your family.Because tomorrow isn’t promised for any of us—but peace of mind can be.