Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 124, 128, 153) and the Supreme Court Civil Rules (Rule 25-2) checked that day.
Notice: the Public Guardian and Trustee (PGT) usually gets notice of the probate application when a minor may inherit.
Comments first: the grant won’t issue until the PGT’s written comments are filed, unless the court orders otherwise (WESA s. 124).
Payment: if there’s no will trust for the child, the child’s share is generally paid to the PGT to hold until 19 (s. 153). Amounts under $10,000 can sometimes go to the guardian.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
When a child under 19 may inherit from an estate in BC, the Public Guardian and Trustee becomes involved to protect the child’s interest. In most cases the PGT must receive notice of the probate application, reviews it, and provides written comments, and the grant generally can’t issue until those comments are filed. If the will sets up a trust for the child and names a trustee, the trustee holds the child’s share under the will’s terms. But if there’s no will, or the will doesn’t create a trust for the child, WESA requires the child’s share to be paid to the PGT, which holds it until the child turns 19. A guardian can receive smaller amounts, currently up to $10,000, without a court order in some circumstances.
Lawgical Law Corporation, a probate and estate law firm with offices in Surrey, Abbotsford and Vancouver, BC, handles estates with minor beneficiaries and works with the PGT on them; this guide is by Sundeep S. Grewal.
Leave your details and our team will contact you to arrange a time with a lawyer. Or call (778) 598-3785.
Thank you, we have your request
A member of our team will contact you to arrange a time. If your matter is urgent, call us at (778) 598-3785, Monday to Friday, 9:00 am – 5:00 pm.
How it works
- Notice: the P1 notice for a minor goes to the child’s parents (or the parent or guardian responsible for finances), and to the PGT, unless the minor isn’t the deceased’s spouse or child and the will creates a trust with a named trustee for the minor (Rule 25-2(8) and (9)). The notice to the PGT must list everyone else who gets notice for the minor (Rule 25-2(13)).
- PGT review: the application documents go to the PGT after filing, with its review fee. It may ask for more information.
- Comments before the grant: the court must not issue the grant until the PGT’s written comments are provided, unless the court is satisfied it should issue sooner (WESA s. 124). A copy of the grant goes to the PGT within 45 days.
- Distribution: see below.
Where the child’s share goes
| Situation | Where the share goes |
|---|---|
| The will creates a trust for the child and names a trustee | The trustee holds it on the will’s terms |
| No will, or no trust for the child in the will | Paid to the PGT in trust for the child (WESA s. 153) |
| A small amount, under the Family Law Act limit (currently $10,000) | Can sometimes be paid to the child’s guardian (Family Law Act and Regulation s. 24) |
| Property other than money | The PGT may sell it, transfer it, or decline and recommend that a private trustee be appointed |
Before distribution, the executor or another interested person can apply to court to appoint a private trustee for a minor’s interest, with notice to the PGT (s. 153(3)). The PGT’s position is that a will clause simply authorizing payment to a guardian isn’t enough without specific trust terms.
Paying for the child’s needs from a trust
A trustee can use the income of a minor’s contingent share for maintenance or education (Trustee Act s. 24). Using capital needs a court order (s. 25).
If an administrator is appointed
Where a minor is interested in an estate without a will, the administrator may have to post security, such as a bond, unless the court orders otherwise (WESA s. 128). See letters of administration.
Mistakes I have seen
- Paying a grandchild’s inheritance to their parent because “it’s only a few thousand dollars”, without checking the rules.
- Forgetting to send the PGT its notice, so the grant is held up.
- Not allowing time for the PGT’s review in the probate timeline.
Frequently asked questions
Can I hold my child’s inheritance as their parent?
Only if the will names you trustee, the amount is within the Family Law Act limit, or a court appoints you. Otherwise it goes to the PGT.
When does the child get the money?
From the PGT, at 19, unless a will trust sets a later age.
Does the PGT charge fees?
Yes, under its fee regulation. Ask the PGT for current fees.
What should I do right now?
Check whether the will creates a trust for any child beneficiary, and include the PGT in your notice list if required.
Book a consultation with our probate lawyers in Surrey, Abbotsford or Vancouver. See also the P1 notice.
Ready to book? Open the booking form ↑
Sources
- Wills, Estates and Succession Act (ss. 124, 128, 153), BC Laws
- Supreme Court Civil Rules, Part 25 (Rule 25-2), BC Laws
- CLE BC, Probate and Estate Administration Practice Manual, §§1.114, 3.63, 3.68, 5.45, 10.12
This article is general information about BC law, not legal advice for your situation.