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Thorne and Thorne Barristers and Solicitors  

 






What happens to my children if I have neglected to name a guardian prior to my death?

If your child has another guardian, nothing needs to happen. That guardian can continue to ensure that the child is taken care of.

If you are the only guardian of your child and have not named a guardian in your Will, your child becomes “a child in need of intervention” under the Child, Youth & Family Enhancement Act. The Director (more commonly known as “Social Services”) steps in to ensure that the child is placed with an appropriate guardian. This may be a family member but might not be the person you would have chosen to be a guardian for your child.

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The general opinions expressed herein are for information purposes only and are not to be relied on. Individuals are encouraged to seek legal advice as it relates to their specific fact scenario to ensure they are fully aware of their legal rights and obligations.

Thorne and Thorne
Barristers & Solicitors
legal@thorneandthorne.ca