What is a guardian or custodian for minor children in a will?
Testamentary guardianship clauses express parental preference for care of the person and sometimes property management, subject to judicial review under the child’s best interests.
Guardianship clauses express your preference; a court usually considers the child’s best interests at the relevant time, which means your nominee is not guaranteed in every scenario.
Separating “care of the person” from “management of money” is sometimes wise if the best caregiver is not the best investor. Trust provisions or provincial trust offices may play a role.
Update guardians whenever relationships change materially—for example, after separation, relocation, or the guardian’s own health decline.
Disclaimer: This page is for general education only and is not legal advice. Rules vary by province and change over time; speak with a qualified lawyer about your own circumstances.
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