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The Infants' Estates Act
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This version is current as of June 26, 2017.
It has been in effect since April 1, 2014.

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C.C.S.M. c. I35

The Infants' Estates Act

(Assented to July 11, 1985)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"court" means the Court of Queen's Bench; (« Cour »)

"parent" means the biological or adoptive parent of the infant. (« parent »)

S.M. 2002, c. 24, s. 31.

Appointing guardian

2           The court may on application

(a) appoint a parent of the infant as sole guardian of the estate of the infant; or

(b) with the consent of the parents or of one parent if the other parent is not competent to give the consent, appoint some suitable person to be guardian of the estate of the infant.

S.M. 2002, c. 24, s. 31.

Dispensing with parental consent

3           The court may, upon the application of the infant or of any person interested in the welfare of the infant, dispense with the consent of either or both parents where the court is satisfied it is in the best interests of the infant to do so.

Where no parent or guardian

4(1)        Where an infant has no parent living and no guardian authorized by law to take charge of the infant's estate, if any, the court may

(a) upon the application of the infant or of any person interested in the welfare of the infant;

(b) after proof that

(i) notice of the application has been published at least twice in a newspaper having circulation in the area where the infant resides, and

(ii) the last of such publications was not less than 14 days before the application is heard by the court; and

(c) after obtaining a report respecting the suitability of the proposed guardian, from a child and family service agency providing services where the applicant resides,

appoint a suitable person to be guardian of the estate of the infant.

Exception

4(2)        Clause (1)(c) does not apply where

(a) a trust company approved for the purpose of acting as guardian by the Lieutenant Governor in Council; or

(b) the Public Guardian and Trustee of Manitoba;

is the proposed guardian of the estate of the infant.

S.M. 2013, c. 46, s. 46.

5           [Repealed]

S.M. 1986-87, c. 19, s. 24.

Requirement of bond by guardian of estate

6(1)        The court shall require every guardian of the estate of an infant appointed by the court to deposit with the court a personal bond in the name of the registrar of the court in such amount and with such sureties as the court may require, conditioned that

(a) the guardian will faithfully perform his or her trust; and

(b) the guardian or his or her executor or administrator will, at the intervals established by the court,

(i) render a true and just account of all property of the infant that was administered by him or her, and

(ii) whenever the guardianship is terminated, without delay, deliver and pay over the property to the person entitled thereto, deducting therefrom only such reasonable amount for expenses and charges as the court may approve.

Exception

6(2)        Subsection (1) does not apply where

(a) a trust company approved for the purpose of acting as guardian by the Lieutenant Governor in Council; or

(b) the Public Guardian and Trustee of Manitoba;

is appointed guardian of the estate of the infant.

Deposit of money

6(3)        In lieu of a bond the court may accept the certificate of the Minister of Finance of the deposit with the minister of money or of securities of Canada or provincial securities in an amount equal to the amount of the value of the property of the infant; and the Minister of Finance shall pay the depositor such interest on the money so deposited as the Lieutenant Governor in Council directs, and if securities are deposited, may allow the depositor to collect the interest payable thereon.

Deposit subject to court order

6(4)        The deposit shall be subject to the order of any court in the province entertaining an action on the liability of the depositor in connection with the guardianship.

S.M. 2013, c. 46, s. 46.

Public Guardian and Trustee may be appointed guardian

7           The court may, upon the application of any interested person or of the Public Guardian and Trustee of Manitoba, appoint the Public Guardian and Trustee the guardian of the estate of the infant if it is satisfied that it is in the interest of the infant that the appointment be made.

S.M. 2013, c. 46, s. 46.

Removal of guardian

8(1)        Guardians are removable by the court for the same causes for which trustees are removed, or for any proper cause.

Resignation of guardian

8(2)        A guardian may, by leave of the court, resign his or her office upon such terms and conditions as the court deems just.

Authority of guardian

9           Except where the authority of a guardian of the estate appointed under this Act is limited by the court, a guardian is entitled

(a) to the possession and control of real property of the infant and the receipt of rents and profits therefrom;

(b) to the management of the personal property of the infant;

(c) to appear in any court and prosecute or defend any action or proceeding in which the estate of the infant is or may be affected; and

(d) where the parents are financially unable to do so, expend moneys for the maintenance, education, advancement, or benefit of the infant.

Disposal of real estate of infant

10(1)       Where an infant is seized or possessed of, or entitled to, land in the province, the court on application, if of the opinion that a sale, mortgage, lease, or other disposition of the land, or any part thereof, is in the best interest of the infant, may order the sale, mortgage, lease or other disposition of the land, or any part thereof, to be made under the direction of the court or one of its officers, or by a guardian of the infant or by a person appointed by the court for the purpose, in such manner and with such terms and conditions as the court deems just.

Execution of conveyance

10(2)       The court may order that the conveyance, mortgage, lease, or other disposition be executed by a person on behalf of the infant.

By whom application made

10(3)       An application under subsection (1) may be made by any interested person but the infant shall be named as the respondent and a copy of the application shall be served on the Public Guardian and Trustee of Manitoba.

Effect of execution

10(4)       Every conveyance, mortgage, lease, or other disposition made pursuant to an order under this section, is as effective as if the infant had executed it and had at the time been of the age of majority.

Disposal of moneys

10(5)       The proceeds of a sale, mortgage, lease, or other disposition, of an infant's estate under this section shall be placed in trust or disposed of in such manner as the court directs.

Real estate subject to encumbrance

10(6)       Where the land of an infant is subject to a contingent or uncertain right or encumbrance, the court may compute the reasonable value thereof, and may order that the right or encumbrance be discharged from the proceeds of the disposition.

Vesting order

10(7)       A sale or other disposition under this section may be completed by vesting order of the court.

S.M. 2013, c. 46, s. 46.

Infant's interest in estate under $10,000.

11(1)       Where the court is satisfied that the value of the interest of an infant in an estate of a deceased person does not exceed $10,000. the court may so certify, and thereupon may authorize the executor, administrator, or trustee, to deal with the infant's estate in such manner as the court sees fit.

Infant's interest in personal property under $10,000.

11(2)       Where the court is satisfied that the value of the interest of an infant in any personal property does not exceed $10,000., the court may so certify, and thereupon may authorize any person holding or in control of the property to deal with the infant's interest or the proceeds thereof in such manner as the court sees fit.

Effect of authority

11(3)       Anything done or omitted to be done in good faith by the executor, administrator, trustee or other person pursuant to the authority under subsections (1) or (2) is binding upon the infant and all other persons; and no executor, administrator, trustee or other person is under liability for anything so done or omitted to be done pursuant to the authority, except for negligence in the administration of the interest of the infant.

Costs to Public Guardian and Trustee

12          The court may in its absolute discretion award the Public Guardian and Trustee costs payable either out of the infant's estate or by any other party for any proceedings under this Act in which the Public Guardian and Trustee is before the court.

S.M. 2013, c. 46, s. 46.

Reference in Continuing Consolidation

13          This Act may be referred to as chapter I35 of the Continuing Consolidation of the Statutes of Manitoba.

Commencement of Act

14          This Act comes into force on a day fixed by proclamation.

NOTE:  S.M. 1985-86, c. 19 was proclaimed in force March 1, 1986.