Sometimes, the process of litigation necessitates the payment of funds into court. While there are many reasons that money may be paid into court, in the context of an estate it is most likely to occur where a minor is involved. Because minors cannot hold property themselves, the court may order that funds belonging to a minor, whether through inheritance, damages from a court case or otherwise, be paid into court to be held until that minor turns 18 or as otherwise specified in a will, trust deed or court order.
All money paid into court is held and managed by the Accountant of the Superior Court of Justice . But how does money get paid into court, and perhaps more importantly, how can a minor whose funds are being held in court then retrieve those funds?
Paying finds into court
A minor’s funds cannot be deposited to the ASCJ by simply mailing a cheque. Where a child’s money is being paid into court, an affidavit from a lawyer, trustee or insurer, or court order directing money to be held by the ASCJ. Along with the affidavit or court order must be a cover letter requesting payment into court including information about the reason for the request and personal information about the child. This includes the child’s name, date of birth, SIN number, and address. Finally, the funds must be paid via certified cheque made payable to “the Accountant of the Superior Court of Justice, to the credit of [child’s name].”
Receiving funds from the ASCJ
When the child reaches the age of 18 or the age specified in the will, trust, deed, court order or other document entitling them to access the funds, the ASCJ will mail a notice to the child at their last known address. As such, it is important to notify the ASCJ if the child has a change in address. However, in the event the child does not receive a notice, they can email the ASCJ and request the package be mailed again at ASCJ@ontario.ca.
The notice package mailed by the ASCJ will include an affidavit of identification, statement of relationship and identification, and requisition for release of assets and banking information for direct deposit forms that must be completed at returned to the ASCJ. Some of these documents, such as the affidavit of identification, must be commissioned by a notary public or lawyer. The child will also need to send identifying documents such as a photocopy of a driver’s licence or passport.
If the child’s guardian or parent needs access to the minor’s funds before the child reaches the age of majority, a request may be requested through the Minors’ Funds Program of the Office of the Children’s Lawyer. Generally, the request must demonstrate that the money will be used to directly benefit the child, and that the parent/guardian is not otherwise able to meet the child’s needs. If the child is over the age of 16, the child’s consent is needed as well.
