Naming a Guardian for Your Children in BC

How guardian appointments work in BC

Under BC's Family Law Act, you can appoint a testamentary guardian in your will — a person who will have guardianship of your minor children (under 19) if you die.

Important: this appointment only takes effect if the other parent is also deceased, incapacitated, or has lost guardianship. If the other parent is alive and capable, they remain the guardian regardless of what your will says.

What happens without a guardian named

If neither parent left a will naming a guardian, anyone — a grandparent, aunt, uncle, family friend — can apply to the BC Supreme Court for guardianship. The court decides based on the best interests of the child, considering:

• The child's existing relationship with the applicant
• The applicant's ability to provide care
• The child's wishes (if old enough to express them)
• Stability and continuity in the child's life
• Any history of family violence

This process can take months. During that time, children may be placed in temporary care. If multiple family members apply, the process becomes a contested court matter — expensive, stressful, and public.

How to choose a guardian

There's no formula. But consider these factors:

Practical considerations

• Parenting values: Do they share your approach to education, discipline, religion, and lifestyle?
• Age and health: Will they be able to care for your children for years, potentially decades?
• Location: Will your children need to move? Change schools? Leave their community?
• Existing children: Does the guardian already have children? Can they handle more?
• Financial stability: Can they support additional children? (Life insurance can help here.)
• Willingness: Have you actually asked them? Never name someone without their knowledge.

Common mistakes

• Choosing grandparents by default: Consider age and health realistically. A 70-year-old grandparent may not be the best choice for a toddler.
• Not naming an alternate: Your first choice may predecease you, become incapacitated, or change their mind. Always name a backup.
• Naming a couple jointly: If the couple later divorces, this creates ambiguity. Consider naming one person with a note about your intentions.
• Not updating after life changes: If your relationship with the named guardian changes, update your will.

Separating guardian from executor

Your guardian and your executor don't need to be the same person. In fact, there are good reasons to separate the roles:

• The guardian raises your children — this is about parenting, love, and daily care
• The executor manages your estate — this is about finances, legal paperwork, and administration

The best parent figure may not be the best financial manager, and vice versa. You can name different people for each role. The executor can manage a trust for the children's benefit while the guardian provides day-to-day care.

Trusts for minor children

If your children inherit a significant amount, you may want to set up a trust in your will rather than leaving assets to them directly. A trust allows you to:

• Specify how funds are used (education, housing, daily needs)
• Set an age at which children receive the remaining funds (e.g., 25, not 19)
• Name a trustee to manage the funds (which can be different from the guardian)

Without a trust, children inherit their share outright at age 19 in BC. Depending on the amount, that may not be ideal.

What if the parents disagree?

If both parents have wills naming different guardians, the court ultimately decides. Generally, the most recent appointment is given weight, but the court's primary concern is the child's best interests. This is another reason co-parents should discuss and ideally agree on a guardian, even if separated.