Can my minor children inherit money directly if I die without a will in Ontario?
Minor children cannot hold property in their own names in Ontario. If your children are entitled to inherit under the intestacy rules but are under 18, their inheritance cannot simply be handed over to them. Instead, the funds are typically paid into court or held by the Office of the Children's Lawyer until each child reaches adulthood.
This can create significant practical problems. Your surviving spouse or another caregiver may not have immediate access to those funds to support the children's day-to-day needs, even if everyone agrees it is sensible to use the money for that purpose. Releasing funds held in trust for minors generally requires a court application.
A will allows you to name a trustee for your children's inheritance and set the terms — for example, directing that the funds be used for education or health, and specifying an age at which each child receives the remaining balance. Without a will, this flexibility is lost and the court's default rules apply.
Key takeaways
- Minor children cannot directly receive an inheritance in Ontario.
- Funds may be held by the court or the Office of the Children's Lawyer until age 18.
- Caregivers may face difficulty accessing those funds for day-to-day needs.
- A will lets you name a trustee and set custom terms for children's inheritance.