How does an executor manage an estate with both minor and adult beneficiaries in Ontario?
When an estate includes both minor and adult beneficiaries, the executor must administer the estate for the collective benefit of all, distributing adults' shares directly while holding minors' shares in trust until they reach the age specified in the will (or 18 if the will is silent).
This dual responsibility can create tension. Adult beneficiaries may want the estate wound up quickly; the trustee holding a minor's share must maintain that trust arrangement for potentially years. The executor's investment duties continue for the assets held in trust, and they must manage those funds prudently — typically in low-risk, interest-bearing instruments — while the minor beneficiary is a child.
The will should address this situation explicitly, ideally naming the same or a different trustee for the minor's share and specifying the terms under which income and capital can be used for the minor's benefit. If the will is silent or the amounts are significant, advice from an estate lawyer helps clarify the executor's obligations and options.
Key takeaways
- Adult beneficiaries can receive their shares directly; minors' shares must be held in trust.
- The trustee's investment duties continue for the trust assets until the minor comes of age.
- Adult beneficiaries cannot compel winding up the estate's trust portion on their preferred timeline.
- The will should address the minor's trust terms; legal advice helps when it does not.