Does the Office of the Children's Lawyer get involved when a will challenge affects minor beneficiaries?

The Office of the Children's Lawyer can become involved in an Ontario will challenge where the outcome affects a minor's financial interests, since a child cannot represent their own interests in litigation. Typically, the estate trustee or another party gives notice of the proceeding to the Office of the Children's Lawyer, which then decides, based on its own criteria and the significance of the interests at stake, whether to actively participate — for example, by reviewing the file, making submissions on the minor's behalf, or agreeing to a proposed settlement.

The Office of the Children's Lawyer doesn't automatically appear in every case involving a minor beneficiary; its involvement depends on factors like the size of the minor's interest, the complexity of the dispute, and whether the minor's interests genuinely need independent protection beyond what the adult parties are already presenting to the court. Where it does get involved, its role is to advocate for the minor's best interests specifically, not to take a side between the competing adults in the litigation. If your matter involves a minor beneficiary, ask your lawyer early about whether notice to the Office of the Children's Lawyer is required, since skipping this step can affect whether a settlement is enforceable.