- In Nova Scotia a person ceases to be a minor at nineteen.
- Unless a court appoints someone else, the Public Trustee is the guardian of a child's estate and holds the inheritance until 19.
- A will or trust document may set an age older than 19.
If a child is left money or property by a grandparent, parent or other relative, a natural question is when the child can actually get it. A minor cannot simply be handed an estate, so someone has to look after it in the meantime.
This article explains the age rule in Nova Scotia, who holds the money until then, and the exceptions that can change the timing.
This article covers the law of Nova Scotia.
The age of majority is 19
Under the Age of Majority Act, a person attains the age of majority and ceases to be a minor at nineteen. That is the general starting point for when a child can receive an inheritance outright.
Nineteen is not always the final answer, though. The will or trust document can set a different timing, as explained below.
Because the age is set by law, the date a child turns nineteen is the date to work from. Whether the money is actually paid out then still depends on the will or trust document and on the other points in this article.
Who holds the money until then
The Public Trustee is by law the guardian of the estate of every child unless a court appoints someone else. It holds a child's inheritance until the child turns 19, then prepares an account and a release for signature.
So if no other arrangement is in place, a child's inheritance does not sit with the other parent or a relative by default. It is held by the Public Trustee, unless a court has appointed someone else.
Within 30 days after a grant is issued, the personal representative must serve notice of the grant on each person who is or may be entitled to share in the estate. Advertising in the Royal Gazette is also required for every estate opened in Nova Scotia, and it runs six months, after which the estate can move to distribution. So the timing of any payment also depends on where the estate is in that process.
When the age may be different
The will or trust document may set an age older than 19. This is why the exact wording of the document matters. A trust can hold funds for a child and release them later, according to its terms.
The Public Trustee may also withhold funds at 19, but only if there are signs the child may lack the mental capacity to manage their finances.
| Situation | What generally happens |
|---|---|
| No trust or older age set | Public Trustee holds funds until 19, then prepares an account and release |
| Will or trust sets an older age | The age in the document applies |
| Signs of lack of capacity at 19 | Public Trustee may withhold funds |
| Court appoints another guardian | Someone other than the Public Trustee is guardian of the estate |
Because the wording of the document controls the timing, it is worth reading it closely, or having a lawyer review it, before you assume a child will receive funds at a particular age.
If there is no will
When someone dies without a will, children may still inherit. Where there is a surviving spouse and children, the children share only if the net estate is more than $50,000; if it does not exceed $50,000, it all goes to the spouse. Otherwise, the spouse takes $50,000 as a charge on the estate with interest from the date of death, plus one-half of the residue if there is one child, or one-third if there is more than one child, and the children share the rest.
The surviving spouse may take the matrimonial home instead of the $50,000 if it is worth more, or as part of the $50,000 if it is worth less.
Unmarried common-law partners have no rights under the Intestate Succession Act; only married spouses and registered domestic partners count. How this affects a particular child depends on the family's situation, so it is worth confirming with a lawyer.
On an intestacy, the Public Trustee generally ranks third in priority to administer the estate, after the spouse or resident children and residents who are heirs, and it searches for heirs; its priority is higher if it previously acted as trustee, guardian or custodian for the deceased.
What to do next
Every family's situation is different, so how these rules apply to a particular child depends on the facts and is worth confirming with a lawyer.
- Find out the child's date of birth and calculate when they turn 19.
- Read the will or trust document to see whether it sets an older age.
- Ask whether a court has appointed a guardian of the child's estate.
- Keep records of what is held for the child.
- Talk with a lawyer if you want funds held longer or managed differently, or if you have concerns about a child's capacity.
Frequently asked questions
At what age does a child get an inheritance in Nova Scotia?
Generally at nineteen, when a person ceases to be a minor. The Public Trustee holds a child's inheritance until the child turns 19 and then prepares an account and release for signature.
Can a will make a child wait longer than 19?
Yes. The will or trust document may set an age older than 19.
Who looks after the money before 19?
The Public Trustee is by law the guardian of the estate of every child unless a court appoints someone else.
Can the Public Trustee refuse to release funds at 19?
Only if there are signs the child may lack the mental capacity to manage their finances.
Sources
- Courts of Nova Scotia – Probate Court — courts.ns.ca
- Probate Court Practice, Procedure and Forms Regulations — novascotia.ca
- Intestate Succession Act, RSNS 1989, c 236, s. 4 — nslegislature.ca
- Intestate Succession Act, RSNS 1989, c 236 — nslegislature.ca
- Public Trustee – Deceased Estate Services — novascotia.ca
- Age of Majority Act — nslegislature.ca
- Public Trustee – Children's Trust Services FAQ — novascotia.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
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