Naming a Guardian in an Ontario Will

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Two different jobs: raising the children and managing their money

For parents of young children, the guardian clause is often the reason a will finally gets made. Ontario law treats it as two separate decisions, and a good will deals with both. Ontario’s own guidance on estate planning notes that a will can appoint one or more people to have decision-making responsibility (the term that replaced “custody“) for children who are not yet adults. That is the first job: who raises the children and makes the important decisions about their lives.

The second job is money. Anything a child inherits needs someone to hold and manage it until the child is an adult. That can be a guardian of the child’s property, or, more often in a planned estate, the trustee of a trust set up in the will. Both choices sit at the heart of the wills and powers of attorney we prepare for young families. The guardian appointments themselves are governed by Part III of the Children’s Law Reform Act (CLRA).

Section 61(1) of the CLRA lets a person entitled to decision-making responsibility for a child appoint, by will, one or more people to have that responsibility after the appointor dies. Section 61(2) lets a guardian of a child’s property appoint, by will, one or more guardians of the child’s property. Section 61(3) lets a parent who is a minor and has never been married make either appointment in a signed written document instead of a will.

How a will appointment works, step by step

You name the person in a valid will. The will has to meet the usual formalities, set out in what makes a will valid in Ontario. Naming an alternate is wise.
It only takes effect if you were the last one with responsibility. Under section 61(4), the appointment is effective only if, the day before it would take effect, you were the only person entitled to decision-making responsibility (or the only guardian of property), or if you and the other parent die at the same time or in circumstances where it is uncertain who survived. If the other parent survives you, they generally continue, and your appointment does not displace them.
The person must agree. Section 61(6) says no appointment is effective without the consent of the person appointed.
It lasts 90 days. Section 61(7) says the appointment expires 90 days after it becomes effective, unless within that time the person applies to court for decision-making responsibility (or guardianship of property). If they apply, it continues until the application is decided.
The court decides for the long term. The application goes to court under Part III of the CLRA. Section 24 requires the court to consider only the best interests of the child. A clear will appointment tells the court what the parents wanted.
Others can still apply. Section 61(8) says an appointment in a will does not stop another person from applying for a parenting order or guardianship of property under sections 21 or 47.

What a will can do for your children under Ontario law
Question	What the will can do	Limit	Rule
Who raises the children	Appoint one or more people to have decision-making responsibility	Effective only if you were the last person with that responsibility; lasts 90 days unless they apply to court	CLRA s. 61(1), (4), (7)
Who manages money the children receive	Appoint a guardian of the child’s property (if you are one), or set up a trust with a trustee you choose	Guardianship appointment has the same 90-day limit; a trust in the will avoids it	CLRA s. 61(2), (7)
Both parents die together	Each will names a guardian	Only people named in both wills are effective	CLRA s. 61(4)(b), (5)
The person refuses	Name an alternate	No appointment works without consent	CLRA s. 61(6)
No guardian of property and no trust	Nothing	Money is generally paid into court until the child reaches the required age, usually 18; in most cases up to $35,000 can be paid to a parent the child lives with	CLRA s. 51; Ontario.ca guidance

What changes the answer

Both parents’ wills must agree

Parents who die together are the situation the clause is really written for. Section 61(5) says that where both parents appoint guardians and die as described in section 61(4)(b), only the people appointed by both of them are effective. If one will names a sister and the other names a grandparent, neither appointment works. Couples should sign wills that name the same person, in the same order.

Separated or divorced parents

If the other parent is alive and entitled to decision-making responsibility, your appointment generally does not take effect, because of section 61(4)(a). Your will can still name someone to manage the money you leave the children, which is often the more important protection after a separation. Our page on what happens to your will if you separate explains what else changes.

Money: a trust usually works better than a guardian of property

Ontario’s guidance on a child’s money and property explains that, without a guardian of property, a child’s money is generally paid into court with the Accountant of the Superior Court of Justice and released when the child reaches the required age, usually 18. In most cases, $35,000 or less can be paid to a parent the child lives with or a person with lawful custody (CLRA s. 51 and its prescribed amount), and above that the alternative is a court-appointed guardian of property, a court process involving the Office of the Children’s Lawyer. A trust in the will avoids most of that: the trustee you choose holds the inheritance on the terms you set, and can pay it out at the ages you pick rather than all at once at 18.

Registered plans and insurance

Naming a minor child directly as the beneficiary of life insurance or an RRSP can bring the same problem, because the money is owed to a child. Ontario’s guidance points families to its page on what happens to a child’s inheritance or life insurance funds. A trust, or a trustee named to receive the money for the child, is often the cleaner route. We explain the options in how beneficiary designations work in Ontario.

No will at all

Without a will, nobody has been chosen. A relative must apply to court, and the children’s share of the estate under the intestacy rules is generally paid into court. We walk through a worked example in who inherits if you die without a will in Ontario.

Example

For example, imagine Jason and Emily, a married couple in Richmond Hill with two children aged 4 and 7. They sign wills that each name Emily’s sister Clara as the person to have decision-making responsibility for the children, with Jason’s brother Sam as alternate. Each will leaves everything to the other spouse, and if both have died, to a trust for the children, with Clara’s husband Peter as trustee, paying for their needs and releasing the capital at ages 21 and 25.

If Jason and Emily die in the same accident, both wills name Clara, so section 61(5) is satisfied. Clara consents and, within 90 days, applies to court for decision-making responsibility, so the appointment does not expire under section 61(7). Meanwhile, the children’s inheritance goes into the trust rather than into court, and Peter can pay for school and care without a court order. Had their wills named different guardians, neither appointment would have been effective, and the court would have started from a blank page.

Common mistakes parents make

Parents naming different guardians. Section 61(5) then cancels both appointments when the parents die together.
Never asking the person. Without their consent the appointment is not effective (section 61(6)).
No alternate. Circumstances change; name a second choice.
Leaving money to the children outright. The inheritance may be paid into court and released in full at 18.
Making the guardian also the trustee by default. It can work, but some families prefer a different person, or a second trustee, to manage the money.
Forgetting the designations. Insurance and registered plans naming a minor child can undo the trust you set up in the will.

What to do this week

Agree with your spouse or partner on one guardian and one alternate.
Ask both people, and confirm they are willing.
Decide who should manage the money, and at what ages the children should receive it.
List your life insurance, RRSP, TFSA and other designations, and check who they name. Make powers of attorney at the same time, as explained in what a continuing power of attorney for property is.
Write a short letter to the guardian about your values, schooling and wishes. It is not binding, but it helps them and the court.
Sign matching wills with the guardian clause and a children’s trust. A first consultation takes 30 minutes, by video or in person, and you can request one here.

Frequently asked questions

Is the guardian named in my will automatically in charge of my children?

Only for 90 days, and only if the appointment is effective under section 61(4) and the person consents. To continue, they must apply to court within those 90 days, and the court decides based on the children’s best interests.

If I die, does my children’s other parent keep custody even if my will names someone else?

Generally, yes. Your appointment is effective only if you were the only person entitled to decision-making responsibility immediately before it would take effect, or if you and the other parent died at the same time or in uncertain order.

Can I name two people as guardians together?

Yes. Section 61(1) allows one or more persons. If both parents die together, each person must be named in both parents’ wills.

Can a guardian be someone who lives outside Ontario?

The CLRA does not bar it, but the long-term decision is the court’s, based on the children’s best interests, and a move away from school, family and community is part of that picture.

What happens to life insurance left to my young children?

If it is payable to the children directly, it is money owed to a child, and the same rules apply as for an inheritance. Naming a trustee or the estate, with a trust in the will, is the usual fix. Our guide to when a lawyer helps with a will lists young children among the situations where the risk rises.

Can a teenage parent appoint a guardian?

Yes. Section 61(3) lets a parent who is a minor and has never been married make the appointment in a signed written document, even without a will.

Our estate planning page explains how the guardian clause, a children’s trust and your powers of attorney fit into one plan.

Sources

This page is general information about Ontario law, not legal advice for your situation. It reflects the law as of October 26, 2026.

How do you name a guardian for your children in an Ontario will?