What happens if an estate beneficiary in Ontario is a minor child?
In Ontario, a minor child (under 18) cannot legally receive and manage an inheritance directly. If an estate leaves assets to a minor, the executor cannot simply hand over the funds or assets to the child or, without court involvement, to the child's parents.
If the will includes a trust provision for minors — directing the executor to hold the inheritance until the child reaches a specified age — the executor administers the funds as trustee under those terms. This is the cleanest approach and one reason estate lawyers recommend addressing minor beneficiaries explicitly when drafting a will.
If there is no trust provision in the will and the inheritance exceeds a modest amount, the funds may need to be paid into court and held by the Accountant of the Superior Court until the child turns 18. Alternatively, the Office of the Children's Lawyer may be involved in reviewing the estate's treatment of the minor's interest. Parents cannot simply receive the money on the child's behalf without proper legal authority.
Key takeaways
- Minors cannot receive and manage an inheritance directly — funds must be held appropriately.
- A trust provision in the will is the most practical solution for minor beneficiaries.
- Without a trust, funds may be paid into court until the child turns 18.
- Estate lawyers recommend addressing minor beneficiaries explicitly in every will.