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№ 22 Wills & Estates

When an Executor Must Notify the Public Guardian and Trustee

Understand when an Ontario executor must give notice to the Public Guardian and Trustee or the Children's Lawyer for minor, incapable or unborn beneficiaries.

Wills & Estates4 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
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Key takeaways
  • Before filing a probate application, the applicant must give it to the estate beneficiaries, and may also need to notify the Children's Lawyer and the Public Guardian and Trustee.
  • For an incapable adult with no guardian or attorney who has authority in the proceeding, notice goes to the Public Guardian and Trustee.
  • For a minor, notice goes to a parent or guardian and to the Children's Lawyer.
  • Who must be notified in a particular estate depends on the facts, so confirm with a lawyer.

Estates sometimes involve people who cannot look after their own interests: a child, an adult who lacks capacity, or an heir who cannot be found. The law builds in safeguards, and an executor who skips them can face delays or court problems.

This article explains, in general terms, when the Public Guardian and Trustee and the Children's Lawyer come into the picture in Ontario estates, and what an executor should do about it.

Why these offices are involved

A minor or an incapable adult cannot protect their interests in the way other beneficiaries can. Two public offices help. The Office of the Children's Lawyer deals with children and unborn or unascertained interests, and the Office of the Public Guardian and Trustee deals with incapable adults.

Probate is normally necessary when the deceased owned real property or assets held by a financial institution, and typically when there is no will, no named estate trustee, or a dispute about the trustee or will. In those applications the notice steps below apply.

Who gets notice in which situation

SituationWho receives notice
Beneficiary is a minorA parent or guardian, and the Children's Lawyer
Beneficiary is a mentally incapable adult with a guardian or attorneyThe guardian or attorney
Incapable adult has no guardian or attorney with authority in the proceedingThe Public Guardian and Trustee
Unborn or unascertained interest in an estate or trustThe Children's Lawyer should also be served

On a probate application, the applicant must send or give the application to the estate beneficiaries, with the copy signed before a Commissioner for Taking Affidavits. Where minor or incapable adult beneficiaries are involved, the application may also need to go to the Office of the Children's Lawyer and the Office of the Public Guardian and Trustee.

When the Children's Lawyer must be served

The Children's Lawyer must be served on behalf of a child in applications to appoint an estate trustee, in applications to pass estate accounts, and in applications that may affect a child's interest, such as will interpretation, will challenges and trustee removal. The Children's Lawyer also acts for unborn persons in court cases where they have an interest in an estate or trust.

If the Children's Lawyer asks for estate accounts and the trustee does not respond, the Children's Lawyer may ask the court for an order requiring accounts. If granted, the estate trustee must bring an application to pass accounts. Responding promptly avoids that step.

Other places minors and incapable beneficiaries matter

What happens when an heir cannot be found, or whether the Public Guardian and Trustee has a particular role in that case, depends on the facts. Do not assume an unknown heir can simply be ignored; ask a lawyer how to proceed.

What to do next

If there is a dispute about the will or the trustee, or a beneficiary's interest may be affected, get legal advice before taking steps.

Frequently asked questions

Is the Public Guardian and Trustee always notified in an estate?

No. It is notified when an incapable beneficiary has no guardian or attorney with authority in the proceeding. In some applications involving minor or incapable adult beneficiaries, the application may also need to go to the Public Guardian and Trustee.

What if a beneficiary is a child?

Notice goes to a parent or guardian and to the Children's Lawyer. The Children's Lawyer must also be served in applications to appoint an estate trustee and to pass accounts.

What if there is an unborn or unascertained beneficiary?

The Children's Lawyer should also be served when there is an unborn or unascertained interest in an estate or trust.

Can notice problems slow down the certificate?

Applications are typically processed within 15 business days but may take longer. Completing the required notice steps before filing helps avoid avoidable delay.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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