What happens to my children if I die as a single parent without a will in BC?

If the other parent is alive and has guardianship, they typically take custody regardless of your will. If the other parent is deceased, absent, or has lost guardianship, and you have no will naming a guardian, the court appoints one based on the child's best interests. This process can take months, during which your children may be placed in temporary care.

Should single parents set up a trust for their children?

It depends on the value of your estate. If your children would inherit a significant amount (especially with life insurance), a testamentary trust in your will lets you control when and how they receive it — for example, funding education and living expenses until age 25, then distributing the remainder. Without a trust, children inherit outright at age 19 in BC.

Family

Wills for Single Parents in BC

Q: Can I prevent the other parent from getting custody in my will?

No. If the other parent is alive and has guardianship rights, they generally take custody regardless of what your will says. Your testamentary guardian appointment only takes effect if the other parent is also deceased, incapacitated, or has had guardianship removed by court order. If you have concerns about the other parent, consult a family lawyer about your options.

If you're the primary or sole parent, a will isn't optional — it's the document that decides who raises your children, who manages their money, and whether they're protected.

Updated April 2026 Verified Q2 2026 · 8 min read

Key Takeaways

If the other parent is alive and has guardianship, they take custody — your will can't override this
If no other parent is available, your will names the guardian — without one, a court decides
Life insurance is critical for single parents — it funds your children's care
A testamentary trust prevents children from inheriting a lump sum at 19
Name your guardian and your trustee — they can (and often should) be different people

Why single parents need a will most

In a two-parent household, if one parent dies, the other continues. For single parents — whether widowed, divorced, or never partnered — there may not be an obvious second person. A will is the only way to:

Name who should raise your children
Specify how your money is used for their care
Prevent a court from making these decisions for you

The guardian question

This is the single most important reason for your will. But the answer depends on whether the other parent is in the picture:

If the other parent is alive and has guardianship

Under BC's Family Law Act, a surviving parent with guardianship generally takes custody. Your will cannot override this — even if you believe the other parent is unsuitable. Your testamentary guardian appointment only takes effect if the other parent is also gone.

If you have serious concerns about the other parent (abuse, neglect, addiction), your recourse is through family court during your lifetime — not through your will. Consult a family lawyer.

If the other parent is deceased, absent, or has no guardianship

This is where your will is crucial. Without a will naming a guardian, anyone can apply to the court. The process takes months, may involve disputes between family members, and your children may be in temporary care while it's resolved.

With a will, your chosen guardian steps in. While the appointment must still be confirmed by the court, your stated wishes carry significant weight.

For details: Naming a Guardian for Your Children in BC

Life insurance: the funding mechanism

A will decides who and how. Life insurance provides the money. For single parents, term life insurance is often the most important financial product you can own:

How much? Enough to replace your income for the years until your youngest child is self-supporting. Common range: $500,000-$1,000,000.
Beneficiary: Name your estate or a trust (not your minor children directly — minors can't receive insurance proceeds)
Cost: For a healthy 30-40 year old, term life insurance is surprisingly affordable — often $30-60/month for $500,000 coverage

The trust question

Without a trust, your children inherit their share outright at age 19 in BC. If your estate (including life insurance) is substantial, that means a 19-year-old could receive hundreds of thousands of dollars with no restrictions.

A testamentary trust in your will lets you specify:

A trustee manages the funds (different person from the guardian)
Funds can be used for education, housing, health care, and daily needs
Children receive the remainder at an age you choose (e.g., 25 or 30)
The trustee can make discretionary distributions for reasonable needs

For more: Trusts vs Wills in BC

Separate the roles

Single parents should consider naming different people for different roles:

Role	What they do	Key quality
Guardian	Raises your children daily	Parenting ability, values alignment
Trustee	Manages money for children	Financial responsibility, judgment
Executor	Settles your estate	Organizational skills, availability

The best parent figure may not be the best money manager. Separating these roles provides checks and balances.

Single parent estate planning checklist

Make a will naming a guardian (and alternate)
Include a testamentary trust if your estate is significant
Get term life insurance with enough coverage
Name beneficiaries on all accounts (RRSP, TFSA, insurance)
Create an enduring power of attorney — if you're incapacitated, who manages things?
Create a representation agreement — who makes medical decisions?
Tell your guardian they've been chosen and discuss your wishes
Keep documents updated after any life change

Full checklist: Estate Planning Checklist for BC

Single parents: a will is not optional

A BC estate lawyer can prepare your will, trust, POA, and representation agreement — the complete package that protects your children.

Frequently asked questions

What happens to my children if I die without a will?

If the other parent is available, they take custody. If not, the court appoints a guardian — which can take months.

Can I prevent the other parent from getting custody?

Not through your will. If the other parent has guardianship, they take custody. Address concerns through family court during your lifetime.

Should I set up a trust for my children?

If they'd inherit a significant amount, yes. Without a trust, they get it all at 19. A trust lets you control timing and use.

Disclaimer: This article provides general information about wills and estate planning for single parents in British Columbia. It is not legal advice. Consult a qualified BC lawyer for your specific situation, especially regarding guardianship and family law matters.