For young parents, or for that matter for parents of young children, probably the most important consideration when writing a will is who should be appointed as a guardian. There are many important and sometimes complicated factors that go into picking a guardian: closeness of relationship, physical proximity, maturity, financial security, immigration status, etc. However, a good litmus test is actually quite simple: Do your kids like this person?
If the answer is yes, then you may have the perfect guardian. If the answer is no, then this person is a horrible choice as a guardian and you should not consider this person further. Keep in mind that courts, at least in Alberta and in other Canadian provinces, are not compelled to honour your choice of guardian. The legal test is what’s in the best interests of the child. It’s as simple as that. And who decides what’s in the best interests of the child? That too is simple. It’s that man or woman wearing a judicial robe. Your thoughts as a parent regarding what’s good for your children will be given some weight. However, if you pick someone your children clearly detest, a judge will in all likelihood not force them to live with this person.
Admittedly, this might not be the sort of conversation you can have with a five-year-old, except perhaps indirectly. However, even slightly older children should be able to express their preferences for guardianship quite clearly. Listen to them. If they like a family member or friend, they have probably bonded with that person to some degree. If they don’t like someone, they haven’t bonded with that person. The guardian is someone who should always have your children’s best interests at heart. If this person hasn’t developed some connection with your kids, he or she is not right for the job.
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