Can I appoint my child to be my executor in Nova Scotia?

Can I appoint my child to be my executor in Nova Scotia?

Many parents imagine their adult children handling their estate after they pass. However, often times Wills are drafted before the children are adults. The question becomes: Can I appoint my child as my executor in Nova Scotia even if they are still a minor?

Only Adults Can Legally Act as Executors in Nova Scotia

In Nova Scotia, the Probate Act says only people who are the age of majority can legally act at the Executor of an estate. However, that doesn’t prevent a parent from naming a minor child as the Executor in the Will with the hopes that by the time they die, the minor child will be an adult.

The Age of Majority in Nova Scotia is 19

The age of majority, which is the age the Province of Nova Scotia legally considers a person to be an adult, is 19. The age of majority in several other Provinces, Alberta, Manitoba, Ontario, PEI, Quebec and Saskatchewan, is 18. However, for the purposes of administering an estate through the Nova Scotia Probate Court, regardless of where the person lives, they have to be 19. 

What happens if I die while the person I named as an executor is still a minor?

If you happen to die while the person you named as an executor is still a minor, section 32(7) of the Probate Act requires that your Alternate Executor assume temporary administration of your estate until such time as the named executor turns 19. If you do not name an Alternate Executor or the Alternate Executor is unable or unwilling to act (including if they are also a minor), then section 32(6) of the Probate Act says that the court would appoint the guardian of the minor or such other person as the court thinks fit until the minor attains the age of majority.

Make Your Wishes Clear

A simple way to avoid confusion is to be clear when you are naming your executor. If it is your wish that your child should be your executor, but only if they have attained a certain age at your death, then spell that out clearly in your Will. You can also name an Alternate Executor who would administer your estate in the event that your child is not yet an adult at the time of your death.

A well written Will undoubtly saves your loved ones unnecessary time and stress, and in many cases money, as legal fees to assist in the administration are minimized.

By: Dianna Rievaj - Founding Lawyer

Have Questions For Us?:

If you have any questions about Administering an Estate or the Probate process, you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.

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