Guardianship Clause (Appoint Guardian) (BC)

Summary

This clause appoints a guardian for the will-maker's minor child or children at the death of the survivor of the will-maker and their spouse. This clause includes practical guidance and drafting notes. It is generally good practice to name an alternate guardian in a will, in the event that the primary appointment is unable to act. However, in the event that the guardian accepts the duties and later wishes to cease acting as guardian, any provision in the will for an alternate guardian will not be effective. This is because the Family Law Act, S.B.C. 2011, c. 25, permits only a guardian to appoint a guardian (s. 53). Accordingly, it is prudent to include a clause in the will to address this possibility. It may also be appropriate to give the guardian a legacy in the event that assuming guardianship of the child or children will result in some financial hardship (for example, the need to renovate a home, move to different accommodation or purchase a larger vehicle). For a discussion on ...