- Where there is no will and a child's share is $35,000 or more, the money is paid into court and held by the Accountant of the Superior Court of Justice.
- Smaller amounts may go to a parent or guardian of property.
- Money held in court is generally paid out at the age of entitlement, usually 18.
If a child is left money and no trust is in place, the money still needs to be held by someone until the child is an adult. Ontario has rules for who can receive it, and the Office of the Children's Lawyer (OCL) often plays a role.
This article explains what generally happens, depending on the amount, and how a guardian can manage the process. The details turn on the facts, so a lawyer can confirm what applies to you.
The amount makes a difference
Where there is no will and a child's share is $35,000 or more, the money is paid into court and held by the Accountant of the Superior Court of Justice. Smaller amounts may go to a parent or guardian of property. The same $35,000 threshold applies to life insurance with no named trustee.
| Situation | Where the money generally goes |
|---|---|
| No will, child's share is $35,000 or more | Paid into court, held by the Accountant of the Superior Court of Justice |
| No will, smaller share | May go to a parent or guardian of property |
| Life insurance with no named trustee | Same $35,000 threshold applies |
Paying a parent directly
Where no guardian of property has been appointed, a person who owes money to a child may pay it to a parent the child lives with or to the child's lawful custodian, but only up to the prescribed amount.
Money held in court
Money paid into court for a child is held by the Accountant of the Superior Court of Justice until the age of entitlement, usually 18. A child generally receives their share at 18, or at the age stated in the will or beneficiary designation.
Parents can ask for a payment out through the OCL's Minors' Funds Program only if they cannot afford an expense the child needs. This is a narrow route, so it is not a way to access the money for general use.
Becoming a guardian of the child's property
A court may appoint a guardian of a child's property on an application made on notice to the Children's Lawyer. The guardian must post a bond payable to the child and must transfer all of the child's property to the child at 18.
The bond requirement does not apply where the court appoints a parent and considers a bond unnecessary.
The OCL represents the child and does not take instructions from the parents. It must be served where a minor or unborn person has an interest in an application to vary a trust or to pass estate accounts.
What to do next
- Find out whether there is a will and what it says about the child's share.
- Find the total amount the child is to receive, including any life insurance.
- Check whether the insurance or plan names a trustee or beneficiary.
- Keep the child's money separate from your own.
- Talk to a lawyer before applying to be guardian of property or asking for money from court.
Setting up a trust is also possible in some situations, but the right choice depends on the amount and the family's circumstances. A lawyer can explain the options.
Frequently asked questions
Does a child's inheritance always go into court?
No. Where there is no will and the child's share is $35,000 or more, it is paid into court, but smaller amounts may go to a parent or guardian of property. The rules can differ where a will or named trustee exists.
When does the child get the money held in court?
The Accountant of the Superior Court of Justice holds it until the age of entitlement, usually 18. A will or beneficiary designation can set a different age.
Can a parent take money out for the child?
Parents can ask for a payment out through the OCL's Minors' Funds Program only if they cannot afford an expense the child needs.
What is the Children's Lawyer's role?
The Children's Lawyer must be notified of an application to appoint a guardian of a child's property. The OCL represents the child and does not take instructions from the parents.
Sources
- Ontario.ca – The Office of the Children's Lawyer and estates and trusts matters — ontario.ca
- Ontario.ca – Minors' Funds Program — ontario.ca
- Children's Law Reform Act (e-Laws) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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