Can I name a guardian for my children in my will?

Yes. In Ontario you can appoint by will a person to have decision-making responsibility for your child after your death, and a guardian of the child's property.

Does the person I name have to agree?

Yes. Under the Children's Law Reform Act, no appointment is effective without the consent of the person appointed.

Is the appointment automatic and permanent?

No. It takes effect only in certain situations, for example if you are the only person entitled to decision-making responsibility for the child, or both parents die together. It expires 90 days after it takes effect unless the person applies for custody within that time, in which case it continues until the application is decided.

What if the other parent is alive?

The appointment generally does not take effect if another parent is still entitled to decision-making responsibility. That is why a will works as a plan for when both parents are gone.

Can I hold money for my children in trust?

Yes. A will can hold a child's inheritance in trust until they are older, instead of paying it to them at 18.

Guardian for Your Children in Your Ontario Will

Parents of young children often put off a will because the question feels impossible: who would raise your children if you could not? A will lets you answer it. It does not guarantee the outcome, but it gives the court and your family a clear statement of your wishes.

What Ontario law allows

Under section 61 of Ontario's Children's Law Reform Act, a person entitled to decision-making responsibility for a child may appoint someone by will to have that responsibility after their death. A guardian of a child's property may likewise appoint guardians of the property by will. These are two different roles: one covers care and major decisions, the other covers money.

Limits you should know

Consent is required. No appointment is effective without the consent of the person you name. Ask before you write them in.
It takes effect only in some situations. For example, if you were the only person entitled to decision-making responsibility for the child, or if you and the other parent died together or in circumstances where it is uncertain who survived.
It is temporary. The appointment expires 90 days after it takes effect, unless the person you named applies for custody within that time. If they apply, it lasts until the application is decided.
A court can still decide. The appointment does not stop an application to the court about the child.

Choosing the person

Think about the child's day-to-day life. Consider the person's age and health, their values, whether they have the energy and means for a larger household, where they live and whether the child would need to move, and how they relate to the child's other relatives. Name a backup. If you have more than one child, consider whether they should stay together.

Money for the children

A will can hold a child's inheritance in a trust until they reach an age you choose, instead of paying it to them outright at 18. You can name a trustee, who may or may not be the same person who cares for the child. This keeps money matters separate from care decisions.

Next steps

Our wills and powers of attorney page explains our process and fees. The free will and power of attorney checklist has a section for this decision. You can also call (289) 652-0529. We meet clients in English, Urdu, Hindi and Punjabi.

DISCLAIMER: This article is general information about Ontario and federal law, not legal advice, and no lawyer-client relationship is created by reading it. Laws change and every situation is different, so speak with a lawyer about yours.

Naming a Guardian for Your Children in Your Ontario Will