About the tutorship to the property of a minor

A minor may receive an indemnity, life insurance benefits or an inheritance, or even possess a valuable patrimony (money, real estate, cars, land, etc.). However, being a minor, they cannot administer it. Until they reach full age, this task falls to their tutors.

The tutorship to the property of a minor is therefore a legal measure aimed at safeguarding and preserving the patrimony of a child under the age of 18 until they reach full age or they are emancipated. It also ensures the exercise of their civil rights regarding their patrimony.

As the legal tutors, the parents are in charge of preserving their minor child’s patrimony.

However, some parents may be unable to care for their child until the latter reaches full age, for the following reasons:

• they die;
• they become incapable and can no longer take care of themselves or their own patrimony;
• they cannot exercise their parental responsibilities on their own;
• they have been stripped of their parental authority.

In such cases, the law provides for a dative tutorship or a suppletive tutorship.

Under a legal or suppletive tutorship, when the value of the minor’s patrimony exceeds $40,000, the law provides for oversight of the tutorship by a tutorship council. Under a dative tutorship, there is oversight regardless of the value of the minor’s patrimony.

Moreover, a Declaration of the remittance of property in favour of a minor (PDF 49 Kb) must be sent to the Curateur public at least 15 days before the property is handed over to the tutor. This must be done by:

• the persons who are giving the minor a gift worth more than $40,000;
• the liquidators of the succession, when the value of the inheritance is more than $40,000;
• the public or private insurers and similar organizations that are paying indemnities, annuities or other amounts to the minor, regardless of the amount. This could include:
  • the Société de l'assurance automobile du Québec;
  • the Commission des normes, de l'équité, de la santé et de la sécurité du travail;
  • the Direction de l’indemnisation des victimes d’actes criminels (IVAC).