Can I use my will to appoint a guardian for my minor children in Ontario?

Yes, you can name a guardian for your minor children in your will, and doing so is strongly recommended if you are a parent. Under Ontario's Children's Law Reform Act, a parent who is the sole guardian of a child's person may appoint a guardian by will.

However, a will appointment is not automatically binding on a court. If the other parent is living and has custody or parental rights, they typically become the guardian after your death, and a court appointment may override your will's guardian nomination if it is challenged. The court's paramount concern is the best interests of the child.

That said, a clear guardianship appointment in your will carries significant weight. It tells the court your wishes and can guide their decision, especially if there is no other surviving parent with guardianship rights. It also prevents a vacuum — without any appointment, the situation is left entirely to court proceedings, which take time and impose stress during an already difficult period.

You should also consider naming a backup guardian in case your first choice is unable or unwilling to serve. Discussing the role with the person you are considering before finalizing your will is strongly advised.