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This Act is current to November 1, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Family Law Act

[SBC 2011] CHAPTER 25

Part 8 — Children's Property

Definitions

175  In this Division and the regulations made under section 248 (1) (c) [general regulation-making powers]:

"deliver property" includes pay money;

"person having a duty to deliver property to a child" means a person who

(a) is under a duty to deliver property to a child, or

(b) would be under a duty to deliver property to a child if the child were an adult;

"trust instrument" means a will, a deed, a declaration or another written record by which a person creates a trust;

"trustee" means a person authorized under

(a) a trust instrument,

(b) this Act or any other enactment, or

(c) an order made under this Act or any other enactment

to receive or hold property in trust for a child.

Guardian not automatically entitled to receive property

176  Except as set out in section 178 [delivery of small property], a child's guardian is not, by reason only of being a guardian,

(a) a trustee of the child's property, or

(b) entitled to give a valid discharge on receiving property on behalf of the child.

Delivery of any property to trustee

177  A person having a duty to deliver property to a child may discharge the duty by delivering the relevant property to a trustee who is authorized to receive that property.

Delivery of small property

178  (1) This section does not apply to any of the following property:

(a) property that a trustee has authority to receive or hold for a child;

(b) property whose value is more than the prescribed amount;

(c) property that is within a prescribed class of property.

(2) A person having a duty to deliver property to a child may discharge the duty by

(a) delivering the relevant property

(i) to the child, if the child has a duty to support another person, or

(ii) to a guardian having parental responsibilities with respect to the child as set out in section 41 (a) [parental responsibilities], and

(b) obtaining an acknowledgement in the prescribed form from the person to whom the property is delivered.

(3) A person who delivers property in accordance with subsection (2) is entitled to rely on a representation in the acknowledgement received under subsection (2) (b).

(4) Despite subsection (2) (a), a child or guardian may not receive property under that subsection if receiving the property would cause the child to hold, or the guardian to hold on behalf of the child, property whose value exceeds the amount prescribed for the purposes of subsection (1) (b).

(5) A guardian who receives property under this section holds the property in trust for the child.

(6) Nothing in this section

(a) affects the duty of a trustee to deal with trust property in accordance with the terms of the trust, or

(b) prevents a person having a duty to deliver property to a child from discharging the duty by delivering the property to the Public Guardian and Trustee in trust, if the Public Guardian and Trustee is willing to accept the property.

Appointment of trustee by Supreme Court

179  (1) Subject to subsection (2), the Supreme Court on application may appoint one or more persons as trustees over

(a) particular property to which the child is entitled, including any property derived from the property or from the disposition of the property, or

(b) all property to which the child is entitled at the time the order is made and to which the child becomes entitled while the order is in effect, except property

(i) identified in the order, or

(ii) over which a trustee already has authority.

(2) The Supreme Court may appoint a trustee only if satisfied that it is in the best interests of the child to do so, on consideration of all of the following:

(a) the apparent ability of the proposed trustee to administer the property;

(b) the merits of the proposed trustee's plan for administering the property;

(c) the views of the child, unless it would be inappropriate to consider them;

(d) the personal relationship between the proposed trustee and the child;

(e) the wishes of the child's guardians;

(f) the written comments of the Public Guardian and Trustee;

(g) the potential benefits and risks of appointing the proposed trustee to administer the property compared to other available options for administering the property;

(h) if the Supreme Court is considering making an order under subsection (1) (b), that the interests of the child are likely better served by an order made under that subsection than by an order made under subsection (1) (a).

(3) An order made under this section to appoint a trustee may do one or more of the following:

(a) require the trustee to deliver the trustee's accounts at specified intervals for the examination and approval of the court;

(b) limit the duration of the trusteeship;

(c) specify or limit the types of investment in which the trustee may invest the property;

(d) provide for compensation of the trustee including, without limitation, setting rates and specifying when the compensation may be taken;

(e) require the trustee to give security in any form the court directs;

(f) make any other order the court considers appropriate.

(4) Except as provided for in an order made under this section, the Trustee Act applies to the trustee and the trust.

Subsequent applications respecting trustee

180  The Supreme Court on application may do one or more of the following, by order, respecting an order made under section 179 [appointment of trustee by Supreme Court], if satisfied that it would be in the best interests of the child to do so:

(a) change the order;

(b) require the trustee to deliver an account of the property over which the trustee has authority to another trustee appointed under section 179, to the Public Guardian and Trustee or to another person;

(c) require the trustee to reimburse the child for any loss caused by any act or omission of the trustee;

(d) remove or discharge the trustee;

(e) substitute or add a trustee;

(f) terminate the trustee's appointment and require any property held by the trustee to be transferred to another trustee appointed under section 179, to the Public Guardian and Trustee or to another person;

(g) make any other order or give any other directions the court considers appropriate.

When child's property must be delivered to child

181  Unless a trust instrument, an order or an enactment provides otherwise, a trustee must deliver to the child or the child's legal representative, when the child reaches the age of 19 years,

(a) the property, and

(b) an account of the property.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14