Property involving a minor’s interest

At a glance

Identify the child's interest and the authority under which an adult proposes to act. Parenthood or family consent should not be assumed to permit every transfer.

Law and context

The Guardians and Wards Act contains restrictions concerning specified dealings by a court-appointed guardian. Applicable personal-law guardianship rules and the child’s welfare may add further requirements. The proposed transaction and guardian’s legal status must be examined together.

Practical next step

Prepare the source of the minor’s interest, guardianship documents and reasons for the transaction. Obtain advice about permission before paying, signing or registering a transfer.

Important qualifications

This page does not approve a transaction or explain every personal-law rule. A court order’s scope and conditions must be read in full.

Document checklist

• Minor's title or share record
• Guardianship authority
• Proposed transaction
• Existing permission orders

Sources

• The Guardians and Wards Act, 1890 — 29-31
• The Transfer of Property Act, 1882 — 7

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.