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

Yes, and for parents of young children this is one of the most compelling reasons to have a will. In Ontario, you can include a nomination of a guardian for your minor children in your will. This person would step in to care for your children day-to-day if both parents are deceased.

It is important to understand that the nomination in your will is not automatically binding on a court. If the guardianship is ever contested — for example, by another family member — a court will make the final decision based on the best interests of the children. However, a clear nomination in your will carries significant weight and gives the court important evidence of your wishes.

In blended families, guardianship can be particularly complicated. If your child's other biological parent is alive and has parenting rights, they will generally have first claim to custody, regardless of what your will says. The will nomination is most meaningful when the other parent is also deceased or has no custodial rights.

Talk to the person you want to name before finalizing your will. Make sure they are willing and able to take on the responsibility. It is also wise to name an alternate in case your first choice is unable to act. Because family situations change, revisit your guardianship nomination periodically.