Topic

Guardians, custodians & minor children

Nominations for care of the person, property guardianship for minors, alternates, and how courts apply the best-interests test.

5 guides in this topic.

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.
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How should parents evaluate and confirm a guardian nomination?
Stability, values alignment, geography, and explicit consent after a candid discussion matter more than title alone; alternates hedge against predecease or refusal.
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You were named as a guardian in someone else’s will: what it does (and does not) mean
A testamentary nomination expresses preference; courts decide based on the child’s best interests at the relevant time. You may decline, and you should think through logistics before accepting.
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Pet guardians: pairing caregiving nominations with realistic money instructions
Companion animals need continuity of care and sometimes vet access across provinces. Pair a willing caregiver with a modest cash amount or clear instructions about pet insurance where appropriate.
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Pet trusts in Canada: funding ongoing care for a companion animal
Pets are property under Canadian law — you can't leave them money directly. But you can name a caregiver and fund a small trust to cover food, vet visits, and a modest stipend.
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