Can a minor child be named as a beneficiary in Ontario?
A minor child can be a beneficiary of an estate, and Ontario's probate process may have extra steps for that situation. The harder question is who holds the money until the child is older, and that depends on how the will, policy or plan is set up.
Anyone applying for probate must send a copy of the application to everyone entitled to a share of the estate before filing with the court. If a beneficiary is a minor or an incapable adult, the application may also need to be sent to the Office of the Children's Lawyer and the Office of the Public Guardian and Trustee. For insurance, the insured person can name a beneficiary in the contract or by a declaration.
What happens when the child reaches adulthood if no trustee is named is not something to guess at. It turns on the wording of the document and the type of account. Ask the insurer or institution what it does when the named person is a minor, and get legal advice before naming a young child, particularly where large amounts are involved. Naming a trustee in advance is a common way to avoid the problem.
Key takeaways
- A minor can be a beneficiary of an estate, but the probate application may also need to go to the Office of the Children's Lawyer and the Office of the Public Guardian and Trustee.
- Everyone entitled to a share of the estate must receive a copy of the probate application before it is filed.
- An insured person can name a beneficiary in the insurance contract or by a declaration.
- What happens when the child reaches adulthood if no trustee is named depends on the document, so get advice before naming a young child.