by Bethany Anderson
It can be really difficult to decide (or even think about) who should look after your minor children if you pass away before they reach the age of majority. But don’t let that keep you from preparing your Will.
Your Will allows you to appoint a temporary guardian or custodian of your children – this is effective for the first 90 days following your death. After that period, a permanent guardian is appointed by court application.
Consider factors such as where the guardian lives, how well your children know them, whether they are in a position to maintain the children’s ties to extended family, their circumstances, and their ability to maintain as much normality as possible for your children (continuing their sports and activities, schooling, family relationships, religion, etc.). The funds that you leave for your children in trust will be used to help raise and care for your children and will be considered as part of the guardianship plan that forms part of the court application for permanent guardianship. You do not have to control all the details now – your Will can be made flexible enough to assist under whatever circumstances exist at the time of your death.
If you have questions please contact Bethany Anderson by emailing fbryan@gagefamilylaw.ca