For most Edmonton parents, this isn't a question anyone wants to sit with for long: if something happened to you, who would raise your children? It's uncomfortable to think about, and easy to put off.
Alberta law lets you answer that question yourself, by naming a guardian for your minor children in your will. It's one of the most meaningful things a will can do — and one of the more misunderstood. Many people assume that writing a name into a will settles the matter completely. It doesn't, quite.
Below, we walk through what naming a guardian in your will actually does, how that role differs from naming someone to manage money you leave your children, and what's worth thinking through before you decide who to ask.
Can I name a guardian for my children in my Alberta will?
Yes. A parent can name a guardian for a minor child, and a will is the most common place to do it. This is a guardian of the person — someone responsible for the child's day-to-day care and upbringing, not their money. Guardianship of children is addressed under Alberta's Family Law Act; the will itself, as a legal document, is governed by the Wills and Succession Act.
Naming a guardian in your will is a clear, written statement of who you want raising your children if you're not able to. That statement carries real weight, and it's worth understanding exactly what it does — and doesn't do automatically — before you rely on it.
Does naming a guardian in my will settle the matter automatically?
Not entirely — naming a guardian in your will carries real weight, but it's generally not the final, unreviewable word on who raises your children. This is the part most people don't expect.
A court retains the ability to consider the best interests of the child when the question actually arises, and a guardian appointment made in a will can, in some circumstances, be reviewed or challenged — for example, if someone else with a legitimate interest in the child raises a concern. Your appointment is a strong, guiding statement of your wishes. It isn't automatically the last word on the subject.
That isn't a reason to skip naming a guardian — it's the opposite. It's simply worth understanding what the appointment realistically achieves, so you're not relying on an assumption that isn't accurate.
What if my child's other parent is still living?
In most cases, the surviving parent continues as the child's guardian. A guardian named in your will generally becomes relevant where there's no surviving guardian to step in — for instance, if both parents have died, or the other parent has died or is unable to act as guardian.
A will is not a tool for removing a living, capable parent from a child's life. If your child's other parent is alive and able to care for them, naming someone else as guardian in your will does not override that parent's own role. Concerns about the other parent's ability to care for a child are a separate, more involved conversation to have directly with a family lawyer — not something a will can resolve on its own.
What's the difference between a guardian and a trustee for my children?
A guardian and a trustee do two different jobs, and they don't have to be the same person. A guardian of the person raises your child — day-to-day care, where they live, schooling, and the everyday decisions of parenting. A trustee manages money or property you leave your child, according to your will's instructions, until the child is old enough to receive it.
Splitting these roles is common, and often deliberate. The person best suited to raise your children — warm, present, already close to them — isn't always the person you'd trust most with money, and the reverse is just as true. Naming different people for each role isn't a compromise; for many families, it's simply the better fit.
| Role | What they do | What to look for | Same person as the other role? |
|---|---|---|---|
| Guardian of the person | Raises your child day to day — care, home, schooling, and everyday parenting decisions | Closeness to your child, willingness, stability, shared values | Can be, but doesn't have to be |
| Trustee | Manages money or property left to your child under your will, until they're old enough to receive it | Organization, sound judgment with money, willingness to account for how funds are used | Can be, but doesn't have to be |
How do I choose the right guardian for my children?
There's no single right answer, but a few factors help most Edmonton parents narrow it down:
- Ask them first. Guardianship is a major responsibility — don't name someone without having the conversation and confirming they're willing.
- Consider their circumstances and age. A person's own health, family situation, and stage of life matter as much as their relationship with your child.
- Think about location. Would your children need to leave their school, friends, and community? A guardian who lives locally in the Edmonton area — or is willing to relocate — can keep a child's world more intact during an already difficult time.
- Look at the relationship already there. A guardian your children already know and trust usually makes for an easier transition than someone they rarely see.
- Think about shared values. How someone would approach schooling, health decisions, and everyday upbringing is worth discussing honestly, in advance.
- Name an alternate. Circumstances change. If your first choice can't or won't act when the time comes, a named alternate keeps the decision from being left open.
Should I set up a trust for money I leave my children?
Often, yes, rather than leaving money or property to a minor child outright. A trust or trustee arrangement lets someone you choose manage those funds for your child's benefit until the child is old enough to receive and manage the money directly. Your will can also set the age, or stage of life, at which your child receives the funds outright.
The right structure depends on your family and your wishes, and it's worth working through with your lawyer rather than guessing at the details here.
What happens if I don't name a guardian at all?
If you don't have a will, or your will doesn't name a guardian, the decision about who raises your children is made without your input. That's really the most practical reason to address it now: naming a guardian doesn't need to be complicated, and it puts your voice into a decision that would otherwise be made by others.
Common questions
Can I name a guardian if I'm not married to my child's other parent?
Yes. The ability to name a guardian for your child in your will isn't limited to married parents. The same general principles apply — the appointment reflects your wishes, and a surviving parent's own role remains relevant.
What happens if the guardian I name can't or won't take on the role later?
This is exactly why naming an alternate guardian matters. If neither your first choice nor an alternate is able to act, the decision falls to whatever process would otherwise apply at that time, including a court's consideration of the child's best interests.
Does naming a guardian also decide how my children's inheritance is managed?
Not by itself. Guardianship and the management of money or property are handled separately in a well-drafted will — which is exactly why many parents name a trustee, whether the same person as the guardian or someone different, to look after what's left to their children.
Practical takeaway
Naming a guardian in your will is one of the most valuable things a parent can do. It puts your voice into a decision that matters enormously, and it's rarely complicated to get started. Go in with clear eyes: the appointment carries real weight, but a court retains a role in looking at your child's best interests, a surviving parent generally continues in that role, and who raises your children is a separate decision from who manages any money you leave them.
This article is general information only and is not legal advice. If you're an Edmonton parent thinking through your will, or naming a guardian and a trustee for your children, speak with a family lawyer about your specific circumstances.