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Will and guardian nomination

A will states who gets your property, and where you name a guardian, the person who would legally raise your child if both of you died. Without one, a court decides. The choice is how far you take the planning.

Who would raise our child if we both died?

In short: Parents choose between 4 main approaches: Nothing yet; Will only; Will with a named guardian and backup; Full estate plan. Evidence: your call. No outcome evidence picks a winner. Preference, culture, money and logistics decide. Best settled: during pregnancy.

Evidence
Your call
Best settled
During pregnancy
Part of
The family system

Will and guardian nomination: what are the options?

Parents usually land on one of these 4 approaches.

  1. 1. Nothing yet

    You have no will.

  2. 2. Will only

    You have a will that covers money and property.

  3. 3. Will with a named guardian and backup

    Your will names who would raise the child, and a second choice.

  4. 4. Full estate plan

    You have a will, a guardian, a trust for the child, and powers of attorney.

Will and guardian nomination: what does the evidence say?

Your call. No outcome evidence picks a winner. Preference, culture, money and logistics decide.

In a 2025 US survey only 24% of adults had a will (down from 33% in 2022), most respondents with children under 18 had no estate-planning documents, and 43% of those without a will said they simply had not got around to it. A will is where parents name who would raise their children; without one a court decides, using a best-interests standard. In Ontario, for example, the Children's Law Reform Act lets a parent appoint decision-makers and property guardians by will, but the appointment lasts only 90 days after the last parent dies, after which the person must apply to court, and the will serves as evidence of your wishes. Rules differ by state and province, so confirm yours with a local lawyer

Sources

What else is worth knowing?

A will says what happens to your property and names a guardian for your child. Without one, a court decides who raises the child. Choosing a guardian is often the hardest part, and you can change it later.

Questions to ask each other

  • Who would we both trust to raise our child, and who would be the backup?
  • What would we want that person to know about how we parent?
  • When will we make an appointment to write the will?

More in Legal, financial and "what if" planning

First published 2026-10-03. Last updated 2026-10-05. General information, not medical advice.