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Who is the Public Trustee?
The Public Trustee is a person appointed by the Commissioner of the Northwest Territories who, if required, will manage the money, land, and other belongings of people who die or who are incapable of handling their financial affairs. The Public Trustee will also hold money in trust for children under the age of 19.
What is an estate?
An estate is what a person owns, such as money, life insurance, land, cars, trucks, snowmobiles, stocks, bonds, jewellery, personal possessions, and household effects. The estate also includes items that may be owing to a person when they die, such as final wages, income tax refunds and Canada Pension Plan contributions.
How does the Public Trustee manage the estate of a deceased person?
The Public Trustee can only help when:
- the deceased person stated in a will that the Public Trustee was to administer the estate;
- a person dies without leaving a will and there is no one else to look after the estate; or
- the family of the deceased states, in writing, that it consents to the appointment of Public Trustee as administrator.
The Public Trustee must be appointed by a judge of the Supreme Court of the Northwest Territories to administer the estate unless the net value of the estate is under $10,000.
The Public Trustee will handle all of the assets and liabilities that form the estate by trying to find out everything that is owed to the deceased person and any debts the deceased person had. The Public Trustee will take charge of the belongings, make sure that the outstanding bills are paid (if there are funds in the estate to pay them) and ensure that the family, or other persons who are entitled to inherit from the estate, receive their inheritances.
How does the Public Trustee manage the affairs of a person incapable of handling their financial affairs?
Under the Mental Health Act, if a doctor decides that a person is incapable of handling his/her own affairs the Public Trustee is automatically appointed as trustee. Under the Guardianship and Trusteeship Act, a judge can appoint the Public Trustee as trustee if (a) sufficient evidence is presented to the court that the person cannot manage their own financial affairs and (b) there would be a substantial benefit from such an appointment. Once appointed, the Public Trustee is responsible for protecting and managing the person's financial affairs.
The Public Trustee will continue to look after these affairs until a judge determines that the person is well enough to look after their own affairs. The money and assets would then be returned as quickly as possible.
When does the Public Trustee hold money in trust for a child?
Under the Public Trustee Act, any money, excluding wages and salaries, payable to child under the age of 19 are to be held in trust by the Public Trustee unless some other person has been appointed by the court to receive a child's money.
The Public Trustee will hold lottery winnings, inheritances from an estate, accident settlements, life insurance payments, etc. in trust until a child reaches the age of 19.
Where funds are required for the maintenance or education of a child, a part of the money may be released from trust for that purpose. The money may be paid directly to a child's parents or guardians or any other person as required.
Where can I get more information about the Public Trustee?
The Public Trustee Office has forms that must be completed by a family member before the Public Trustee can begin his work. The information provided by the family helps identify assets and liabilities, and assists in determining who the beneficiaries will be.
If it is not convenient for you to visit the Yellowknife office, you can contact a social worker, government liaison officer, or court worker in your community. They can help you fill out all the necessary forms.
For more information, please contact:
Office of the Public Trustee
5th Floor, Courthouse
PO Box 1320
Yellowknife NT X1A 2L9
Phone: (867) 873-7464
Toll Free: 1-866-535-0423
Fax: (867) 873-0184 |
