When Does a Child Get Their Inheritance From the Public Trustee in Nova Scotia?

If a child in Nova Scotia has been left money and that money is being held for them, the big question is usually simple: when does it actually become theirs to use? Parents, guardians and the young people themselves often wonder about the date, the paperwork and what they will be asked to sign.

This article covers the payout stage only. It explains the usual age, how the handover works, the account and release a young person is asked to sign, and the situations where the money may be held longer.

This article covers the law of Nova Scotia.

The usual answer: age 19

In Nova Scotia, a person reaches the age of majority and ceases to be a minor at nineteen. That is the age that normally matters for an inheritance held on a child's behalf.

Unless a court appoints someone else, the Public Trustee is by law the guardian of the estate of every child. It holds a child's inheritance until the child turns 19. So where the Public Trustee is holding the money, 19 is the usual point at which the handover process begins.

What happens when the young person turns 19

When the child turns 19, the Public Trustee prepares an account and a release for the young person to sign. The account is a written summary of the money the Public Trustee has been holding. The release is a separate document that comes with the account for you to sign. What the release says and what it means for you depends on its exact wording, so read it closely and ask questions before you sign.

• The account sets out what was held for you.
• The release is something you sign, so it deserves a careful read.
• What signing a release means for you depends on its wording, so it is worth confirming with a lawyer before you sign.

When the money may be held longer

Age 19 is not always the end date. There are two situations to know about.

In the second case the reason has to be about capacity. Being young, or having no experience with money, is not the test described. If a decision to hold funds back affects you, a lawyer can explain how it applies to your situation.

Reading the account and release before signing

Because the release is a document you sign, it makes sense to understand it first. The Public Trustee prepares the account and the release for you to sign, so you want to be confident the account matches what you were expecting before you put your name on anything.

• Compare the account with what you understood the inheritance to be.
• Ask about any figure or entry you do not recognize.
• Check whether the will or trust document says anything about timing.
• Keep copies of everything you receive and sign.
• Get advice before signing if something seems unclear or missing.

Advice is especially worth considering if the amount is large, if the will or trust is complicated, or if you disagree with anything in the account.

What to do next

Start by finding the will or trust document and checking whether it names an age other than 19. Then confirm the young person's birth date so you know when the Public Trustee's process will begin.

• Locate the will or trust document and read any wording about age or timing.
• Confirm the birth date and note when the young person turns 19.
• Contact the Public Trustee to ask how the payout will be handled.
• Keep your contact details current so paperwork reaches you.
• Speak with a lawyer if there is a question about capacity, a held-back amount or the release.

Frequently asked questions