Earlier this week I blogged about the process of how to pay funds into court for the benefit of a minor beneficiary in accordance with section 36(6) of the Trustee Act.  While the blog provides a summary of the steps required to pay such funds into court, presuming that the Accountant of the Superior Court of Justice should accept such funds to be paid into court, one question remains. How does the beneficiary go about having such funds “paid out” of court upon turning 18 years of age?

The process of having funds “paid out” of court is established by rule 72.03 of the Rules of Civil Procedure. MGBQ17CX9FIn accordance with rule 72.03(7), money which has been paid into court for the benefit of a minor individual which is to be paid out upon such an individual reaching the age of majority (i.e. 18 years of age) is to be paid out to such an individual upon filing the following with the Accountant of the Superior Court of Justice:

  1. a written request for payment out; and
  2. an affidavit proving the identity of the party and that the party has attained the age of majority.

As confirmed by Sanders v. Gouthro, presuming that there is no Order to the contrary, no further court Order is required for such funds to be paid out of court, and the Accountant of the Superior Court of Justice is to pay the funds to the individual upon the filing of the appropriate materials.

In summary, should funds have been paid into court for the benefit of a minor beneficiary in accordance with section 36(6) of the Trustee Act, upon such a beneficiary turning 18 years of age they should file a written request, together with an affidavit proving their identity and age, with the Accountant of the Superior Court of Justice. The Accountant of the Superior Court of Justice should then pay out such funds, together with any interest, to the beneficiary.

Thank you for reading.

Stuart Clark