Yes, and you should. In Ontario the appointment is effective for 90 days, after which the guardian must apply to court — but your nomination carries real weight.
The Canadian position
Courts decide guardianship on the best interests of the child. A parent's nomination is strong evidence, not a binding direction.
Name an alternate as well, in case your first choice cannot act.
The Islamic position
Islamic law distinguishes hadanah, care of the child, from wilayah over their property. The classical order of entitlement does not map onto best-interests analysis, so name your choice explicitly.
They are two different offices, and classically they sit in different hands. Hadanah — day-to-day care — goes first to the mother and down the female line, in an order every school sets out differently. Wilayah — authority over the child and over the child’s property — goes to the father and, after him, to the wasi the father named. The schools differ sharply on the order of care, on the age at which care ends and whether the child then chooses, and on whether the grandfather or the mother holds guardianship of property at all.
All four Sunni schools researched and sourced. Reviewed 2026-09-01. Full positions, evidence and sources — Hadanah and wilayah — who cares for a child, and who has authority over the child.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
What to do about it
- Ask the person first.
- Name an alternate.
- Set up a testamentary trust for the children's shares.
- Write a letter of wishes covering religious upbringing.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
- Administering estates — Government of Ontario
- Substitute Decisions Act, 1992 — Government of Ontario
- Letter of wishes ontario trust — Treadstone Law
- Guardian of the person court application ontario — Treadstone Law
- Guardianship of the person ontario how to apply — Treadstone Law
- Evidence needed guardianship application ontario — Treadstone Law
- Wills & estates practice — Treadstone Law